Criminal Procedure Rules 2005

After an appeal is concluded, a registrar must, unless the Court has ordered otherwise —

return any record or thing given to the Court by the primary court to the primary court; and

by a written notice, require the party who tendered any record or thing that was admitted in evidence by the Court to collect it from the court; and

by a written notice, require any person who, under a subpoena, produced any record or thing to the Court that was not admitted in evidence, to collect it from the court

A registrar must not act under subrule (1) until —

the time for commencing proceedings in the Court of Appeal in relation to the appeal has expired; or

if proceedings in the Court of Appeal in relation to the appeal are commenced before that time expires, the proceedings are concluded.

Despite subrule (2), a registrar —

may dispose of a record or thing that the registrar considers is dangerous to retain or return to a person; or

may release a record or thing to a person who is entitled to custody of it if the registrar considers that —

it is dangerous, impracticable or inconvenient to retain the record or thing under this rule; or

it is necessary for that person to have use of the record or thing.

If under subrule (3)(b) a registrar releases a record or thing to a person, the registrar may require the person, as a condition of being given it, to give a written undertaking to the Court as to the care maintenance and custody of it and its re‑delivery to the Court.

If a record or thing remains in the possession of the Court after reasonable steps have been taken to identify a person who is entitled to possession of it and to require the person to collect it from the court, a judge may order a registrar to destroy it or dispose of it in some other way.