Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 98

98 Parties’ access to documents and exhibits held by registrar

(1) Subject to subrules (2) to (7) , a party or the party’s lawyer may, on payment to the registrar of the fee prescribed by regulation—

(a) inspect or obtain a copy of a document or part of a document held by the registrar for the appeal or subsequent appeal; or

(b) inspect an exhibit, other than a document, held by the registrar for the appeal or subsequent appeal.

(2) If a party’s lawyer is, or is funded by, Legal Aid Queensland, the registrar must—

(a) give to the lawyer a copy of a document requested by the lawyer, free of charge, unless the registrar decides the copy is not necessary for the appeal or subsequent appeal; or

(b) allow the lawyer to inspect a document or exhibit held by the registrar for the appeal or subsequent appeal.

(3) The registrar must give a copy of a document requested by either of the following persons to the person, or allow the person to inspect a document or exhibit held by the registrar, free of charge—

(a) the Attorney-General;

(b) the director of public prosecutions.

(4) The registrar may give a copy of a document held by the registrar to a party free of charge if—

(a) the party is not represented by a lawyer; and

(b) the party asks the registrar for the copy; and

(c) the registrar considers that, in all the circumstances, it is reasonable to give the copy to the party free of charge.

(5) The court or a judge may, by order, waive all or part of the fee for inspecting a document or exhibit or copying a document.

(6) This rule does not apply to a document the inspection of which would not be allowed under these rules if the document were not held by the registrar for an appeal or subsequent appeal, unless the registrar or a judge decides that inspection of the document is necessary for the appeal or subsequent appeal.

(7) The registrar or a judge may decide to make a document or a copy of a document available to a party’s lawyer, but not the party.

(8) In this rule—

"appeal transcript" see rule 97A(4).

"document" does not include an appeal record book, subsequent appeal record book, trial transcript or appeal transcript.