Criminal Practice Rules 1999

A party to a trial may inspect or obtain, other than for the purpose of publication, a copy or certified copy of an exhibit tendered at the trial unless the proper officer of the court or the trial judge considers it may risk—

the exhibit’s security; or

a person’s safety or wellbeing, including, for example, the person’s mental health.

A person other than a party to the trial may, on payment of the fee prescribed by regulation, inspect or obtain, other than for the purpose of publication, a copy or certified copy of an exhibit tendered at the trial unless the proper officer of the court or the trial judge considers the inspection or copying may risk—

the exhibit’s security; or

a person’s safety or wellbeing, including, for example, the person’s mental health.

However, the trial judge may order that an exhibit—

not be inspected or copied unless allowed by a further order of a court; or

be sealed and not opened unless allowed by a further order of a court.

If the trial judge is not available to hear an application for a further order, the application may be heard by—

for the Supreme Court—a judge nominated by the Chief Justice; or

for the District Court—a judge nominated by the Chief Judge of the District Court; or

for a Magistrates Court—a magistrate sitting at the place the trial was conducted.

This rule does not apply in relation to—

a document marked for identification; or

a witness statement or deposition tendered at a committal.

A person must not publish, or make available for publication, a copy or certified copy of an exhibit obtained under this rule.

Note—

See rule 56A in relation to the copying of exhibits for publication.

To remove any doubt, it is declared that subrule (6) does not limit rule 56A.