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Criminal Appeal Rules (Amendment No 2) 2006


Date:
03/20/2006




    Criminal Appeal Rules (Amendment No 2) 2006

    under the

    Supreme Court Act 1970

    The Supreme Court Rule Committee made the following rules of court under the Supreme Court Act 1970 on 20 March 2006.

    Steven Jupp
    Secretary of the Rule Committee


    Explanatory note
    The object of these Rules is to amend the forms used for appeals in the Court of Criminal Appeal to ensure that the name of the appellant appears first in the title of the proceedings.

    Criminal Appeal Rules (Amendment No 2) 2006

    under the

    Supreme Court Act 1970

    1 Name of Rules
      These Rules are the Criminal Appeal Rules (Amendment No 2) 2006.

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

    Schedule 1 Amendments
    (Rule 2)
    [1] Rule 2 Forms
      Insert at the end of rule 2:
        (2) Without limiting subrule (1), if a form provides for the insertion of the title of the proceedings, the title is to be in the following format:

            (Name of appellant) v. (Name of respondent)

        (3) For the purposes of subrule (2), if the appellant or respondent is the Crown the matter “R.” is to be inserted as the name of the appellant or respondent (as the case may be) in the title of the proceedings.

        (4) In this clause, a reference to the Crown includes a reference to the Crown in right of the Commonwealth.

    [2] Forms
      Omit “R. v.” from the heading of Forms I–III, IX–XX and XXIII wherever occurring.
      Insert instead “(Title of proceedings)”.

    [3] Forms, Form XXII Registrar’s certificate of no appeal pending
      Omit “Regina v ........................................ ”.
                 Insert instead “(Title of proceedings)”.


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