Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 95

95 Registrar’s power to ask for things for court

(1) If directed by the court, the registrar must ask the person having custody of a relevant thing to give it to the registrar for an appeal or subsequent appeal before the court.

(2) The registrar may ask the person having custody of a relevant thing to give it to the registrar for an appeal or subsequent appeal if—

(a) a party asks the registrar to obtain the thing for the appeal or subsequent appeal; or

(b) the registrar considers it necessary for the court’s decision on the appeal or subsequent appeal.

(3) If the person having custody of the thing does not comply with the registrar’s request, the court may order the person to comply with it.

(4) A party may inspect the thing free of charge at a reasonable time decided by the registrar.

(5) On the court’s final decision on the appeal or subsequent appeal, the registrar must return the thing to the person from whom it was obtained.

(6) In this rule—

"person having custody" , of a relevant thing, means the proper officer of the court of trial, the Crown prosecutor, the Crown solicitor, or anyone else having custody of the thing.

"relevant thing" includes the following—

(a) the original deposition of a witness examined before a magistrate or coroner;

(b) an indictment, or abstract or copy of all or part of an indictment, against the appellant;

(c) an aid used at the trial, including for example, a transcript used as an aid to an audio or video tape.