§ 428A — Criminal Procedure Rules Committee and Criminal Procedure Rules

428A.—(1) A committee called the Criminal Procedure Rules Committee is constituted by this section.[19/2018]

(2) The Criminal Procedure Rules Committee consists of the following members:(a)

the Chief Justice, who is the chairperson of the Committee;

(b)

2 Supreme Court Judges (excluding the Presiding Judge of the State Courts), each of whom is appointed by the Chief Justice for such period as the Chief Justice may specify in writing;

(c)

the Presiding Judge of the State Courts;

(d)

the Registrar of the Supreme Court;

(e)

a District Judge, who is appointed by the Chief Justice for such period as the Chief Justice may specify in writing;

(f)

the Public Prosecutor, or a member appointed by the Public Prosecutor under this paragraph for such period as the Public Prosecutor may specify in writing;

(g)

2 members, each of whom is appointed by the Public Prosecutor under this paragraph for such period as the Public Prosecutor may specify in writing;

(h)

2 practising advocates and solicitors, each of whom is appointed by the Minister for such period as the Minister may specify in writing;

(i)

2 public officers, each of whom is appointed by the Minister charged with the responsibility for home affairs for such period as that Minister may specify in writing.[19/2018; 40/2019]

(3) The Criminal Procedure Rules Committee may make Criminal Procedure Rules regulating and prescribing the procedure and the practice to be followed in each court in all matters in or with respect to which that court for the time being exercises criminal jurisdiction and any matters incidental to or relating to any such procedure or practice.[19/2018]

(4) Without limiting subsection (3), Criminal Procedure Rules may be made for or with respect to all or any of the following matters:(a)

any form that is to be used by any person in relation to any matter under this Code;

(b)

the disclosure of and access to any document or material in the possession of the prosecution or the defence, including any statement recorded under section 22 or 23 in the form of an audiovisual recording;

(c)

for giving effect to Parts 9, 10 and 11;

(d)

the rates or scales of payment of the expenses and compensation that may be ordered under section 363, and any matter concerning the payment of the expenses and compensation;

(e)

in relation to documents being filed with, served on, delivered or otherwise conveyed to any court or any party to any criminal matter —(i)

the establishment of any electronic filing service and any other matter that relates to the use or operation of the electronic filing service;

(ii)

the manner and form of any such filing, service, delivery or conveyance;

(iii)

the modification of such provisions of the Evidence Act 1893 as may be necessary for the purpose of facilitating the use in court of documents filed, served, delivered or conveyed using the electronic filing service;

(iv)

the burden of proof and rebuttable presumptions in relation to the identity and authority of the person filing, serving, delivering or conveying the documents by the use of the electronic filing service;

(v)

the authentication of documents filed, served, delivered or conveyed by the use of the electronic filing service; and

(vi)

the means by which particular facts may be proved, and the mode in which evidence of those facts may be given, in any proceedings which involve the use or operation of the electronic filing service;

(f)

the prescribing of anything that is required or permitted to be prescribed by Criminal Procedure Rules.[19/2018]

(5) The quorum for a meeting of the Criminal Procedure Rules Committee is 7 members.[19/2018]

(6) Each member has one vote.[19/2018]

(7) A decision is adopted by the Criminal Procedure Rules Committee at a meeting if a majority of the votes cast on it are in favour of it.[19/2018]

(8) A member present at a meeting of the Criminal Procedure Rules Committee is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Committee, unless the member expressly votes against the decision at the meeting.[19/2018]

(9) The members may, in place of the procedure described in subsections (7) and (8), adopt a decision by assenting to the decision in writing, if —(a)

all of the members are given (whether by post, personal delivery or electronic communication) the terms of the decision to be made; and

(b)

a majority of those members who are entitled to vote on the matter sign or approve a document containing the terms of the decision to be made and a statement that they are in favour of those terms.[19/2018]

(10) Where subsection (9) applies, the decision is deemed to have been adopted at a meeting of the Criminal Procedure Rules Committee on the date on which the document containing the terms of the decision to be made is signed or approved by the last member required to form the majority of members in favour of the decision.[19/2018]

(11) For the purposes of subsections (9) and (10), the adoption of a decision by the Criminal Procedure Rules Committee may consist of several documents containing the same terms of the decision to be made, each signed or approved by one or more members.[19/2018]

(12) Criminal Procedure Rules made under this section cannot come into operation unless they have been approved by the Chief Justice and the Minister.[19/2018]

(13) All Criminal Procedure Rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette.[19/2018]

(14) This section does not affect either of the following:(a)

any other written law that confers power to make subsidiary legislation for regulating or prescribing the procedure and practice to be followed by any court when exercising criminal jurisdiction, or jurisdiction of a quasi‑criminal nature, in any proceedings;

(b)

any subsidiary legislation made under any such written law.[19/2018]

(15) Until the Criminal Procedure Rules Committee makes Criminal Procedure Rules on any matter mentioned in subsection (3) or (4), or for any other purpose mentioned in this Code —(a)

the Minister may make rules under this subsection for that matter or purpose; and

(b)

the following are deemed to be Criminal Procedure Rules:(i)

any rules mentioned in paragraph (a);

(ii)

any regulations made, before 17 September 2018, under section 428 as in force before that date, for that matter or purpose.[19/2018]

(16) When the Criminal Procedure Rules Committee makes Criminal Procedure Rules on any matter mentioned in subsection (3) or (4), or for any other purpose mentioned in this Code —(a)

any subsidiary legislation mentioned in subsection (15) that was made for that matter or purpose must be revoked; and

(b)

those Criminal Procedure Rules may contain such provisions of a saving or transitional nature consequent on the enactment of those Criminal Procedure Rules, or on the revocation of that subsidiary legislation, as the Criminal Procedure Rules Committee may consider necessary or expedient.[19/2018]

—(1) A committee called the Criminal Procedure Rules Committee is constituted by this section.[19/2018]

(2) The Criminal Procedure Rules Committee consists of the following members:(a)

the Chief Justice, who is the chairperson of the Committee;

(b)

2 Supreme Court Judges (excluding the Presiding Judge of the State Courts), each of whom is appointed by the Chief Justice for such period as the Chief Justice may specify in writing;

(c)

the Presiding Judge of the State Courts;

(d)

the Registrar of the Supreme Court;

(e)

a District Judge, who is appointed by the Chief Justice for such period as the Chief Justice may specify in writing;

(f)

the Public Prosecutor, or a member appointed by the Public Prosecutor under this paragraph for such period as the Public Prosecutor may specify in writing;

(g)

2 members, each of whom is appointed by the Public Prosecutor under this paragraph for such period as the Public Prosecutor may specify in writing;

(h)

2 practising advocates and solicitors, each of whom is appointed by the Minister for such period as the Minister may specify in writing;

(i)

2 public officers, each of whom is appointed by the Minister charged with the responsibility for home affairs for such period as that Minister may specify in writing.[19/2018; 40/2019]

(3) The Criminal Procedure Rules Committee may make Criminal Procedure Rules regulating and prescribing the procedure and the practice to be followed in each court in all matters in or with respect to which that court for the time being exercises criminal jurisdiction and any matters incidental to or relating to any such procedure or practice.[19/2018]

(4) Without limiting subsection (3), Criminal Procedure Rules may be made for or with respect to all or any of the following matters:(a)

any form that is to be used by any person in relation to any matter under this Code;

(b)

the disclosure of and access to any document or material in the possession of the prosecution or the defence, including any statement recorded under section 22 or 23 in the form of an audiovisual recording;

(c)

for giving effect to Parts 9, 10 and 11;

(d)

the rates or scales of payment of the expenses and compensation that may be ordered under section 363, and any matter concerning the payment of the expenses and compensation;

(e)

in relation to documents being filed with, served on, delivered or otherwise conveyed to any court or any party to any criminal matter —(i)

the establishment of any electronic filing service and any other matter that relates to the use or operation of the electronic filing service;

(ii)

the manner and form of any such filing, service, delivery or conveyance;

(iii)

the modification of such provisions of the Evidence Act 1893 as may be necessary for the purpose of facilitating the use in court of documents filed, served, delivered or conveyed using the electronic filing service;

(iv)

the burden of proof and rebuttable presumptions in relation to the identity and authority of the person filing, serving, delivering or conveying the documents by the use of the electronic filing service;

(v)

the authentication of documents filed, served, delivered or conveyed by the use of the electronic filing service; and

(vi)

the means by which particular facts may be proved, and the mode in which evidence of those facts may be given, in any proceedings which involve the use or operation of the electronic filing service;

(f)

the prescribing of anything that is required or permitted to be prescribed by Criminal Procedure Rules.[19/2018]

(5) The quorum for a meeting of the Criminal Procedure Rules Committee is 7 members.[19/2018]

(6) Each member has one vote.[19/2018]

(7) A decision is adopted by the Criminal Procedure Rules Committee at a meeting if a majority of the votes cast on it are in favour of it.[19/2018]

(8) A member present at a meeting of the Criminal Procedure Rules Committee is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Committee, unless the member expressly votes against the decision at the meeting.[19/2018]

(9) The members may, in place of the procedure described in subsections (7) and (8), adopt a decision by assenting to the decision in writing, if —(a)

all of the members are given (whether by post, personal delivery or electronic communication) the terms of the decision to be made; and

(b)

a majority of those members who are entitled to vote on the matter sign or approve a document containing the terms of the decision to be made and a statement that they are in favour of those terms.[19/2018]

(10) Where subsection (9) applies, the decision is deemed to have been adopted at a meeting of the Criminal Procedure Rules Committee on the date on which the document containing the terms of the decision to be made is signed or approved by the last member required to form the majority of members in favour of the decision.[19/2018]

(11) For the purposes of subsections (9) and (10), the adoption of a decision by the Criminal Procedure Rules Committee may consist of several documents containing the same terms of the decision to be made, each signed or approved by one or more members.[19/2018]

(12) Criminal Procedure Rules made under this section cannot come into operation unless they have been approved by the Chief Justice and the Minister.[19/2018]

(13) All Criminal Procedure Rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette.[19/2018]

(14) This section does not affect either of the following:(a)

any other written law that confers power to make subsidiary legislation for regulating or prescribing the procedure and practice to be followed by any court when exercising criminal jurisdiction, or jurisdiction of a quasi‑criminal nature, in any proceedings;

(b)

any subsidiary legislation made under any such written law.[19/2018]

(15) Until the Criminal Procedure Rules Committee makes Criminal Procedure Rules on any matter mentioned in subsection (3) or (4), or for any other purpose mentioned in this Code —(a)

the Minister may make rules under this subsection for that matter or purpose; and

(b)

the following are deemed to be Criminal Procedure Rules:(i)

any rules mentioned in paragraph (a);

(ii)

any regulations made, before 17 September 2018, under section 428 as in force before that date, for that matter or purpose.[19/2018]

(16) When the Criminal Procedure Rules Committee makes Criminal Procedure Rules on any matter mentioned in subsection (3) or (4), or for any other purpose mentioned in this Code —(a)

any subsidiary legislation mentioned in subsection (15) that was made for that matter or purpose must be revoked; and

(b)

those Criminal Procedure Rules may contain such provisions of a saving or transitional nature consequent on the enactment of those Criminal Procedure Rules, or on the revocation of that subsidiary legislation, as the Criminal Procedure Rules Committee may consider necessary or expedient.[19/2018]