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CRIMINAL PRACTICE RULES 1999 - SCHEDULE 6

SCHEDULE 6 – Dictionary


"accurately" , in relation to interpreting, translating or sight translating, for chapter 11, part 2, see rule 54AB.

"accused person" means—

(a) for chapter 5 —see rule 22 ; or
(b) otherwise—
(i) a person who has been charged with an indictable offence and committed to a court for trial; or
(ii) a person against whom an indictment has been presented.

"appeal" , for chapter 15 , part 6 , see rule 91 .

"appeal period" means—
(a) the period in which a notice of appeal or notice of application for leave to appeal must be given under the Code , section 671 ; or
(b) for an appeal under the District Court of Queensland Act 1967 , section 118 , 1 calendar month after the decision appealed from.

"appeal record book" see rule 97(1)(a).

"appellant" means a person who—
(a) starts an appeal or subsequent appeal; or
(b) applies for leave to appeal or leave to make a subsequent appeal.

"applicant" , for chapter 9A , see rule 43B .

"applicant’s communication" , for chapter 9A , see rule 43B .

"application" , for chapter 5 , see rule 22 .

"chief executive (corrective services)" ...

"Code" means the Criminal Code .

"code of conduct" , for chapter 11, part 2, see rule 54AB.

"concluded trial" means a trial for which—
(a) a verdict of not guilty has been returned or a finding of not guilty has been made; or
(b) the jury has been discharged or the trial has otherwise concluded without a verdict or finding; or
(c) a verdict of guilty has been returned or a finding of guilty has been made and an appeal has not been started within the appeal period.

"conviction" means a finding of guilt, or the acceptance of a plea of guilty, by a court.

"coroner" means a coroner or deputy coroner under the Coroners Act 1958 .
Editor’s note—
Coroners Act 1958 —now see the Coroners Act 2003 , section 103 .

"court" , for a proceeding
(a) for chapters 1, 3 and 12 and chapter 8 , rules 30 , 31 , 33 and 34 and rule 62 —means the Court of Appeal, the Supreme Court, the District Court, a Magistrates Court, a judge of appeal, or a judge of the Supreme Court or District Court, hearing the proceeding; or
(b) for chapter 11 , part 1, see rule 52 (1) and (2) ; or
(c) for chapter 15 , see rule 63 ; or
(d) otherwise—means the Court of Appeal, the Supreme Court, the District Court, a judge of appeal, or a judge of the Supreme Court or District Court, hearing the proceeding.

"court of trial" means any court from whose finding, sentence, or other decision a person is entitled under the Code
(a) to appeal or apply for leave to appeal; or
(b) to apply for leave to make a subsequent appeal.

"Crown law officer" means the Attorney-General or the director of public prosecutions.

"director of public prosecutions" means—
(a) for an indictment presented by the Crown in right of the State, the Director of Public Prosecutions for Queensland; or
(b) for an indictment presented by the Commonwealth, the Director of Public Prosecutions for the Commonwealth.

"disclosure obligation" , for chapter 9A , see rule 43B .

"disclosure obligation direction" , for chapter 9A , see rule 43B .

"electronically" means by electronic or computer-based means.

"examiner" , see rule 109 (1) .

"exhibit" means a document or anything else produced in evidence at a trial.

"indictment" , for chapters 6 to 8, 10, 12, 14 and 15, includes an information presented by a private person against someone else with the Supreme Court’s leave.

"interpret" , for chapter 11, part 2, see rule 54AB.

"judge" , for chapter 15 , see rule 63 .

"Jury Act" means the Jury Act 1995 .

"lawyer" includes a firm of solicitors and Legal Aid Queensland.

"nominated time" , for chapter 9A , see rule 43B .

"other language" , for chapter 11, part 2, see rule 54AB.

"party"
(a) for chapter 8 , see rule 29 (2) ; or
(b) for chapter 9 , see rule 41 ; or
(c) for chapter 9A , see rule 43B ; or
(d) for chapter 15 , part 6 , see rule 91 .

"present" , before a court or judge, includes present by way of telephone, audio or video link or another form of telecommunication.

"prison" means a place declared to be a prison under the Corrective Services Act 2006 , section 149.

"private prosecutor" , for chapter 15 , part 5 , see rule 87 .

"proper officer" , for chapter 10 , see rule 44 .

"proper officer" , of the court, means—
(a) for the Supreme Court—the sheriff, the deputy sheriff or the registrar; or
(b) for the District Court—the court’s registrar; or
(c) for a Magistrates Court—the clerk of the court.

"prosecution" , for chapter 9A , see rule 43B .

"prosecutor" means—
(a) for a proceeding in the Court of Appeal, the Supreme Court or the District Court
(i) the director of public prosecutions; or
(ii) a private prosecutor; or
(b) for a proceeding in a Magistrates Court—the director of public prosecutions or a complainant.

"recognised agency" , for chapter 11, part 2, see rule 54AB.

"record" includes part of a record.

"registrar" includes—
(a) for the Court of Appeal—the senior deputy registrar of the Court of Appeal; and
(b) for the District Court—the deputy registrar of the District Court.

"relevant proceeding" , for chapter 9A , see rule 43B .

"respondent"
(a) for an appeal or subsequent appeal, means—
(i) a person who is defending the appeal or subsequent appeal; or
(ii) a cross-appellant; or
(b) for an application for leave to appeal or an application for leave to make a subsequent appeal, means a person who is defending the application; or
(c) for chapter 9A , see rule 43B .

"respondent’s response" , for chapter 9A , see rule 43B .

"schedule form" , for an offence, means the form in schedule 3 , 4 or 4A for the offence.

"serious drug offence certificate" , for chapter 14A , see rule 62A .

"sight translate" , for chapter 11, part 2, see rule 54AB.

"subpoena" , for a Magistrates Court, means a summons to a person to produce a document to the court under the Justices Act 1886 , section 83 .

"subsequent appeal" see the Code , section 668(1).

"subsequent appeal record book" see rule 97A(1)(a).

"translate" , for chapter 11, part 2, see rule 54AB.

"trial"
(a) generally—includes a proceeding in which a person is to be sentenced; and
(b) for chapter 12 —see rule 54A .

"trial judge"
(a) generally—means the judge who presides or presided at the court of trial; and
(b) for chapter 11, part 1 —includes a magistrate and 2 justices constituting a Magistrates Court; and
(c) for chapter 12 —see rule 54A .

"trial prosecutor" , for chapter 15 , part 5 , see rule 87 .

"trial transcript" means a transcription of a record under the Recording of Evidence Act 1962 of a trial proceeding.



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