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

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270 OsderPX CRIMINAL PRACTICE RULES<br />

ent of expenses under seetion 671~. <strong>The</strong> registrar shall,<br />

subject to any regulation as to rates that may be prescribed by the<br />

Crown Law Officer, allow such amount as he shall think proper for the<br />

expenses of any assessor appointed, and of any witnesses attending on<br />

the order of the court or examined, and of and incidental to any examina-<br />

tion or reference, and of the appearance of an appellant, on the hearing of<br />

his appeal or on any proceeding preliminary or incidental thereto, and<br />

shall certify in the Form XXXPV. of Part IX. of the Schedule hereto to<br />

the Crown Law Officer the amounts he shall have so allo8wed.<br />

(b) Application for the review of the registrar’s decision as to any<br />

of the items contained in such certificate may be made in writing by the<br />

Crown Law Officer or other person named therein within 14 days after<br />

such certificate shall have been signed.<br />

(c) <strong>The</strong> certificate oE the registrar shall be amended if necessary in<br />

accordance with any direction given by the Court of <strong>Criminal</strong> Appeal<br />

or a judge thereof on such review.<br />

(d) <strong>The</strong> certificate of the registrar when not so required to be<br />

reviewed or after it has been so reviewed shall be final and conclusive,<br />

and shall be deemed sufficient authority for the payment to the persons<br />

named therein of the amounts set opposite their names.<br />

MISCELLANEOUS PROVISIONS<br />

42. Except where otherwise provided in these Rules, any application<br />

to the Court of <strong>Criminal</strong> Appeal may be made, orally or in writing,<br />

but in regard to such applications if the applicant is unrepresented<br />

and is in custody and is not entitled or has not obtained leave to be<br />

present before the court, he shall make any such application by forward-<br />

ing the same in writing in the manner prescribed in Rule 43 hereof to<br />

the registrar, who shall take the proper steps to obtain the decision of<br />

the court thereon.<br />

43. %mice of orders and notices. (a) All orders for the production<br />

of any documents, exhibits, or other things connected with the pro-<br />

ceedings, or for the attendance of any witness, shall, unless otherwise<br />

directed by the Court of <strong>Criminal</strong> Appeal, be personally served.<br />

(b) When personal service of any order or other document is<br />

required, the Commissioner of Police shall, at the request of the registrar,<br />

cause such order or other document to be served by one of his officers.<br />

(c) Any notice or other document of which personal service is not<br />

required by any Rule or by the direction of the Court of <strong>Criminal</strong> Appeal<br />

may be served by post.<br />

(d) Any notice of appeal or of any application to the Court of<br />

<strong>Criminal</strong> Appeal by an appellant in custody shall be deemed to have<br />

been given at the time when it is delivered for posting to the superin-<br />

tendent of the gaol where the appellant is imprisoned, and the time of<br />

delivery shall be endorsed thereon by such officer.<br />

(e) Any notice of appeal or of any application to the Court of<br />

<strong>Criminal</strong> Appeal by an appellant not in custody shall be deemed to have<br />

been given at the time when it is delivered for posting to the chief<br />

omcer of police at the place where the appellant was convicted, and<br />

the time of delivery shall be endorsed thereon by such officer.

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