Criminal Rules 2006 (Tas)

Criminal Rules 2006

20 April 2006

We, the Honourable Peter George Underwood, Officer of the Order of Australia, Chief Justice, the Honourable Ewan Charles Crawford, the Honourable Pierre William Slicer, the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, and the Honourable Shan Tennent, Puisne Judges of the Supreme Court of Tasmania, make the following Rules of Court under the Criminal Code Act 1924 .

PART 1 - Preliminary

1. Short title These Rules of Court may be cited as the Criminal Rules 2006 .

2. Commencement These Rules of Court take effect on the day on which their making is notified in the Gazette.

3. Interpretation In these Rules of Court, unless the contrary intention appears – appeal includes an application for leave to appeal; Code means the Criminal Code; committal order means an order committing a defendant to the Court under section 60 of the Justices Act 1959 ; Court means the Supreme Court; court of trial means the court – (a) before which an accused person is tried upon an indictment; or (b) which passes sentence upon a plea of guilty; Crown Counsel means a legal practitioner employed in, or instructed by, the Office of the Director; Director means – (a) the person who is, or who is acting in the office of, the Director of Public Prosecutions pursuant to the Director of Public Prosecutions Act 1973 ; or (b) the person who is, or who is acting in the office of, the Director of Public Prosecutions pursuant to the Director of Public Prosecutions Act 1983 of the Commonwealth; file means file in the registry; law practice has the same meaning as in the Legal Profession Act 2007 ; legal practitioner means an Australian legal practitioner; legal representative means any legal practitioner or law practice whose name is recorded in the registry under rule 3C as the legal representative of a defendant; preliminary proceedings order means an order of the Court under section 331B of the Code; recording apparatus means any electronic, electrical or mechanical device capable of recording sounds or pictures which can be stored and later recalled; Registrar means the Registrar of the Supreme Court; registry means the registry of the Court; victim means – (a) a victim within the meaning of section 81A of the Sentencing Act 1997 ; and (b) a person allowed to furnish to the Court a written statement under subsection (2A) of that section; victim impact statement means a statement furnished under section 81A of the Sentencing Act 1997 by a victim of an offence.