Supreme Court (Criminal Procedure) Rules 2017

Subject to paragraphs (2), (3) and (4), a document, including an indictment under section 159(1) of the Criminal Procedure Act 2009, to be filed in the Court in accordance with this Order is to be submitted by an authorised person in RedCrest in—

a pdf version; or

in any other form—

in a proceeding in the Trial Division, approved by the Judicial Registrar-Criminal Division or the Prothonotary; or

in a proceeding in the Court of Appeal, approved by the Registrar.

An indictment may be brought before a Judge of the Court or the Judicial Registrar-Criminal Division to be filed.

In relation to a proceeding in the Trial Division, the Court may order or the Judicial Registrar-Criminal Division or the Prothonotary may direct that a document be filed in any manner that the Court, the Judicial Registrar-Criminal Division or the Prothonotary considers appropriate.

In relation to a proceeding in the Court of Appeal, the Court of Appeal constituted by one or more Judges of Appeal may order or the Registrar may direct, in relation to any or all documents in a proceeding or part of a proceeding, that the documents be filed in any other manner that the Court or the Registrar considers appropriate.

A document is taken to be filed—

in relation to a proceeding in the Trial Division, if it is submitted in RedCrest and sealed by the Judicial Registrar-Criminal Division or the Prothonotary, when it was first submitted in RedCrest for filing in accordance with paragraph (1);

in relation to a proceeding in the Court of Appeal, if it is submitted in RedCrest and sealed by the Registrar or the Prothonotary, when it was first submitted in RedCrest for filing in accordance with paragraph (1);

if, in accordance with paragraph (2), an indictment is accepted for filing by a Judge of the Court or the Judicial Registrar-Criminal Division, when it is sealed by an Associate of the Judge or by an Associate of the Judicial Registrar-Criminal Division;

if, in accordance with paragraph (3), it is filed in accordance with a direction of a Judge of the Court, the Judicial Registrar-Criminal Division or the Prothonotary, when it is sealed; or

if, in accordance with paragraph (4), it is filed in accordance with a direction of a Judge of Appeal, the Registrar or the Prothonotary, when it is sealed.

A document filed in a proceeding in the Trial Division to which this Order applies is not open for inspection unless the Court, the Judicial Registrar-Criminal Division, the Prothonotary, or a Deputy Prothonotary so directs.

A document filed in a proceeding in the Court of Appeal to which this Order applies is not open for inspection unless the Court of Appeal or the Registrar so directs.

For the purposes of this Rule, if a direction or order is made by the Court of Appeal, the Court of Appeal may be constituted by one or more Judges of Appeal.