Criminal Practice Rules 1999

These rules may be cited as the Criminal Practice Rules 1999.

These rules commence on 1 July 1999.

The dictionary in schedule 6 defines particular words used in these rules.

These rules are for the criminal jurisdiction and, if stated in these rules, associated proceedings.

If these rules do not make provision or sufficient provision for a matter, the court may give the directions or rulings about the matter as the court considers appropriate.

The following provisions of these rules apply to a Magistrates Court—

• chapters 1, 3, 11, 12 and 13A

• chapter 8, rules 30 to 34

• chapter 9A

• chapter 14, to the extent provided for in rule 59(3).

The court may, at any time, extend a time set under these rules.

If a time set under these rules, including a time for service, has not ended, the court may shorten the time.

Noncompliance with a rule does not invalidate a proceeding, unless the court directs otherwise.

If a rule has not been complied with, the court may—

waive the noncompliance; or

set aside all or part of the proceeding; or

make another order it considers appropriate.

Example of an order made under paragraph (c)—

an order enforcing the performance of a duty imposed on a person under these rules

This rule applies to a court in making an order or giving a direction under these rules.

Unless otherwise stated in these rules, the court may make the order or give the direction on the court’s own initiative or on an application made to the court under these rules.

If a court has power to make an order, give a direction or leave, or do another thing under these rules, the court may make the order, give the direction or leave, or do the other thing on the conditions the court considers appropriate.

Unless otherwise stated in these rules—

a document required to be filed or given under the Code or these rules may be filed or given electronically; and

a document issued under the Code or these rules may be issued electronically; and

a document required by subpoena to be produced to the court under these rules may be produced to the court electronically.

For a document filed electronically under the Code or these rules, the day on which the document is taken to have been filed is—

if the whole of the document is received by the registry before 4.30p.m. on a day the registry is open for business—that day; or

otherwise—the next day the registry is open for business.

A document issued electronically under the Code or these rules—

must include an image of the seal of the court; and

is valid even if the document does not include a signature.

A paper copy of an electronically issued document is taken for all purposes, including, for example, service, to be—

a copy of the electronically issued document; and

stamped with the court’s seal.

r 11 om 2000 SL No. 203 s 3

A proceeding must be entitled—

for the Court of Appeal—‘In the Court of Appeal, Supreme Court of Queensland’; or

for the Supreme Court—‘In the Supreme Court of Queensland at [state the place]’; or

for the District Court—‘In the District Court of Queensland at [state the place]’.