Criminal Practice Rules 1999 (Qld)

Criminal Practice Rules 1999

Chapter 1 Preliminary

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

2 Commencement These rules commence on 1 July 1999.

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

4 Application of rules generally (1) These rules are for the criminal jurisdiction and, if stated in these rules, associated proceedings. (2) 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.

5 Application of rules to Magistrates Courts 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).

6 Extending and shortening time (1) The court may, at any time, extend a time set under these rules. (2) If a time set under these rules, including a time for service, has not ended, the court may shorten the time.

7 Effect of noncompliance with rules (1) Noncompliance with a rule does not invalidate a proceeding, unless the court directs otherwise. (2) If a rule has not been complied with, the court may— (a) waive the noncompliance; or (b) set aside all or part of the proceeding; or (c) 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

8 Court's power to make orders or give directions (1) This rule applies to a court in making an order or giving a direction under these rules. (2) 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.