The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

7
CRIMINAL PRACTICE RULES OrderBX 267
Qrdes ~~~~~~i~~ ex~~i~er. (c) Where the Court of Criminal
Appeal orders the examination of any witness to be conducted otherwise
than before the Court itself, such order shall specify the person
appointed as examiner to take and the place of taking such examination
and the witness or witnesses to be examined thereat.
its, etc., n ~ ~ ~ for s s ~ ~ y
ation. (d) The registrar shall furnish to the person appointed
to take such examination any documents or cxhibits and any other
material relating to the said appeal as and when requested so to do.
Such documents and exhibits and other material shall, after the examination
has been concluded, be returned by the examiner, together with any
depositions taken by him under this Rule to the registrar.
Notification of date of exa ~ a ~ (e) o ~ When . the examiner has
appointed the day and time for the examination he shall request the
registrar to notify the appellant or respondent and their legal representatives,
if any, and when the appellant is in prison, the superintendent
of that prison, thereof. The registrar shall cause to be served on every
witness to be so examined a notice in the Form XXXIII. of Part IX.
of the Schedule hereto.
Evidence to be given on o . (f) Every witness examined before
an examiner under this Rule shall give his evidence upon oath to be
administered by such examiner, except where any such witness, if giving
evidence as a witness on a trial on indictment, need not be sworn.
~ e ~ o of ~ i ~ o ~ e talken. (g) The depositions of
the witnesses shall, unless otherwise ordered, be taken in private and
shall be reduced to writing, and shall be read over rtc, and signed respectively
by such witnesses, and shall be signed by the examiner. The
caption in the Form XXX. of Part IX. of the Schedule hereto shall
be attached to any such deposition.
~ r expenses ~ of witness ~ before e ex8 ~ er, (h) ~ Where ~ any ~ ~
witness shall receive an order or notice to attend before the Court of
Criminal Appeal or an examiner, the police officer serving the same may,
if it appears to him necessary so to do, pay to him a reasonable sum,
not exceeding the amount of the scale sanctioned by the Crown Law
Officer, for the travelling expenses of such witness from his place of
residence to the place named in such notice or order, and the sum so
paid shall be certified by such officer to the registrar. Any expenses
certified by the registrar under this Rule shall be paid as part of the
expenses of a prosecution.
Service of rmotiices md orders under Rule, (i) Any order or notice
required by this Rule to be given to any witness may be served as
directed by Rule 43 (b) hereof, and any such notice shall be deemed
to be an order of the Court of Criminal Appeal on such witness to attend
at the time and place specified therein.