Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 94

94 Registrar’s power to ask for trial judge’s comments

(1) This rule applies if—

(a) an appeal or subsequent appeal is started; or

(b) the registrar is given notice that a party to an appeal or subsequent appeal disputes the accuracy of a trial transcript.

(2) The registrar must ask the trial judge who dealt with the case the subject of the appeal or subsequent appeal to give to the registrar the trial judge’s written comments on the following—

(a) the case generally;

(b) a point arising in the appellant’s case;

(c) the accuracy or otherwise of the trial transcript.

(3) The trial judge may—

(a) give the written comments if the trial judge considers it desirable to do so; and

(b) state in the comments any inaccuracy in the trial transcript, whether or not a party has alleged the inaccuracy.

(4) The trial judge’s comments given under this rule form part of the record of the court for the appeal or subsequent appeal.

(5) The court may decide the appeal or subsequent appeal without the trial judge’s written comments if it considers it appropriate.

(6) This rule does not apply to an appeal under the District Court of Queensland Act 1967 , section 118 .