Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 78

78 Registrar to give notice of particular orders

(1) This rule applies if the court makes any of the following orders under the Code , section 672 —

(a) an order staying execution of an order quashing an appellant’s conviction;

(b) an order for the appellant’s detention or return to the appellant’s former custody;

(c) an order giving bail to the appellant.

(2) The registrar must give written notice of the order and its terms to the following persons—

(a) the appellant;

(b) if the appellant is or was in custody, the chief executive (corrective services) and—

(i) the general manager of the prison in which the appellant is or was in custody; or

(ii) if subparagraph (i) does not apply, the person in charge of the place other than a prison in which the appellant is or was in custody.

(3) Subrule (4) applies if an order mentioned in subrule (1) (b) or (c) was made on the application of a Crown law officer pending the hearing of an appeal to the High Court against the quashing of the appellant’s conviction.

(4) The registrar, when giving a notice under subrule (2) , must also give to the appellant a written notice stating that if the appellant considers they were wronged by any failure to diligently prosecute the appeal, the appellant may apply to the court or a judge for an order under the Code , section 672 (3) for—

(a) the immediate execution of the original order quashing the conviction; and

(b) the appellant’s immediate release; and

(c) the payment of compensation to the appellant as the court or judge considers appropriate.