Criminal Code Act 1899

If the registrar directs in relation to any notice of appeal, subsequent appeal or application for leave to appeal or leave to make a subsequent appeal, the following must be given to the registrar for the use of the Court or a judge of the Court—

a record or part of the record of the proceedings in the court of trial;

for a subsequent appeal—a record or part of the record of earlier proceedings in the Court for an appeal or subsequent appeal against the appellant’s conviction.

Note—See the Recording of Evidence Act 1962, section 5 which provides for recording all relevant matter in a legal proceeding.

A copy of a record of proceedings or of any part thereof may be furnished to any party interested in accordance with provisions of the Criminal Practice Rules 1999 and the Criminal Practice Rules 1999, without limiting the generality of the foregoing, may prescribe, for a trial, an appeal or a subsequent appeal—

charges for the copy of the record or part thereof; or

circumstances in which such charges may be varied or waived and on whose or by what authority they may be varied or waived; or

who is a ‘party interested’ for the purpose of having furnished to the person a copy of the record or part thereof; or

the authorisation of the furnishing of a copy of a record of proceedings or of any part thereof to any other person on the ground that such person has a sufficient interest therein, and by whom any such authorisation may be made.

In addition to the foregoing, the Attorney-General may cause a copy of a record of proceedings or of any part thereof to be furnished to any person in such circumstances and subject to such conditions as the Attorney-General thinks fit.

The Crown is entitled to receive a copy of any record of proceedings or of any part thereof without payment of any charge.

The furnishing in accordance with this section and, in an appropriate case, the Criminal Practice Rules 1999 of a copy of any record of proceedings or of any part thereof shall not render the Crown, a Crown Law Officer, the registrar, a recorder under the Recording of Evidence Act 1962 or other person responsible for or associated with that furnishing liable in any way in law in respect thereof. sch 1 pt 8 ch 67 ch div 4 s 671K ins 1913 4 Geo 5 No. 23 ss 3, 23