Date:

08/30/2007

Criminal Appeal Rules (Amendment
No 1) 2007
under the
Supreme Court Act 1970

The Supreme Court Rule Committee made the following rules of court under the
Supreme Court Act 1970 on 30 August 2007.


Steven Jupp
Secretary of the Rule Committee

Explanatory note
The object of these Rules is to amend the Criminal Appeal Rules so as to require orders under
the Criminal Appeal Act 1912 to be entered, and to enable them to be set aside and varied, in
ways similar to those for judgments and orders under the Civil Procedure Act 2005.


Criminal Appeal Rules (Amendment No 1) 2007
under the
Supreme Court Act 1970

1 Name of Rules
These Rules are the Criminal Appeal Rules (Amendment No 1) 2007.

2 Amendment of Criminal Appeal Rules
The Criminal Appeal Rules are amended as set out in Schedule 1.


Schedule 1 Amendments
(Rule 2)

[1] Existing heading appearing before rule 19
Omit “not to issue for 28 days”.

[2] New heading to be inserted before rule 50A
Insert the following heading before rule 50A:
Determination of appeals and applications

[3] Rule 50B
Insert after rule 50A:
50B Entry of order disposing of appeal or application
(1) Any order of the Court is to be entered.

(2) Unless the Court orders otherwise, an order is taken to be entered
when it is recorded in the Court’s computerised record system.

(3) If the Court orders that the Registrar enter an order by signing and
sealing a minute of the order, the order is taken to be entered:

(a) when a document embodying the order is signed and
sealed by the Registrar, or

(b) when the order is recorded as referred to in subrule (2),
whichever first occurs.

50C Power to set aside or vary order (cf UCPR rule 36.16)
(1) The Court may set aside or vary an order if an application for the
setting aside or variation is made before entry of the order.

(2) If an application for the setting aside or variation of an order is
made within 14 days after the order is entered, the Court may
determine the matter, and (if appropriate) set aside or vary the
order under subrule (1), as if the order had not been entered.

(3) Within 14 days after an order is entered, the Court may of its own
motion set aside or vary the order as if the order had not been
entered.

(4) The Court may not extend the time limited by subrule (2) or (3).

(5) Nothing in this rule affects any other power of the Court to set
aside or vary an order.

[4] Rule 51 Notice of determination of appeal etc
Omit “(Forms Nos XI and XII)”.

[5] Rule 53
Omit the rule.

[6] Forms
Omit Forms Nos XI and XII.