Criminal Procedure Rules 2005

A registrar must ensure that all exhibits tendered in any trial or other proceedings before the court are kept in safe custody.

A registrar may release an exhibit to a person if —

the release is in accordance with section 170 of the Act; and

the person is —

the party who tendered the exhibit; or

a person who the registrar considers is entitled to the exhibit.

A court may direct that an exhibit not be released to a person.

[Rule 50 amended: Gazette 16 Nov 2018 p. 4525.]

51. Non‑parties may apply for transcripts etc.

In this rule —

child sexual abuse action has the meaning given in the Limitation Act 2005 section 6A(1);

media manager, of a court, means the person who, on behalf of the court, manages its relations with media organisations;

media organisation means an organisation that disseminates news or information to the public through the press or by means of radio, television or the internet;

National Redress Scheme means the National Redress Scheme for Institutional Child Sexual Abuse established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Commonwealth).

A person who is not a party to a case may apply to the court for leave to inspect or obtain a copy of —

the record, or the certified transcript of the record, of any proceedings in the case; or

any other record in the possession of the court in relation to the case, including documents (including those in electronic form) and other things tendered in evidence in the case.

The application —

may be made orally to the court’s media manager if —

it is made by a person employed by a media organisation; and

the court, on a written application made under this rule by another such person, has already granted leave to that other person to inspect or obtain a copy of the record the subject of the application;

but

otherwise must be made in writing to the court and must set out the grounds of the application.

The applicant need not give notice of the application to any party to the case unless an order is made under subrule (4)(b).

On an oral application made under subrule (2A)(a), the court’s media manager —

may grant the application if satisfied the court has already granted leave to another person who is employed by a media organisation to inspect or obtain a copy of the record the subject of the application; but

otherwise must refuse the application.

If under subrule (2)(a) the court’s media manager grants an oral application, the application must be granted on the same terms and subject to the same conditions (if any) that were imposed by the court when it gave leave to the other person employed by a media organisation.

A person whose oral application is refused under subrule (2)(b) may make a written application under subrule (2A)(b).

A judge or a registrar may deal with a written application.

A judge may refer a written application to a registrar.

A registrar may refer a written application to a judge.

A judge or a registrar dealing with a written application —

may deal with the application even though no other party to the case has been served with it; or

may order the applicant to serve another party to the case, specified in the order, with the application and a notice entitling the other party to be heard on the application, and deal with the application accordingly.

Subject to —

any order made under the CPA section 171; and

the Sentencing Act 1995 section 22; and

any other order or written law that prohibits or restricts the publication or possession of the record to which the application relates,

a judge or a registrar dealing with a written application, if satisfied the applicant has sufficient cause to be granted leave, may grant the application.

A judge or a registrar may grant an application subject to conditions.

If a person, pursuant to leave granted under this rule, wants to obtain a copy of a record, the person must pay, or make arrangements to pay, the cost of the court supplying the copy, unless the court orders otherwise.

Subrule (6B) does not apply in relation to an application if the application is for the purposes of —

a child sexual abuse action; or

a claim under the National Redress Scheme.

A registrar may determine the cost of supplying the copy.

This rule does not prevent the court from publishing, on its own initiative, all or any part of the proceedings in a case to any person, and in any manner, it thinks fit.

[Rule 51 amended: Gazette 15 Sep 2006 p. 3684; 21 Dec 2010 p. 6755‑7; 15 Nov 2019 p. 4031‑2.]