Criminal Procedure Rules 2012

Subpart 3—Exhibits

1.8 Custody, etc, of exhibits

(1)

A Registrar is responsible for the custody of any exhibit filed, produced, or transferred for a proceeding in that court.

(2)

The court may direct the Registrar—

(a)

to allow a party to inspect an exhibit the custody of which is the Registrar’s responsibility; or

(b)

to release such an exhibit to a party.

(3)

A direction by the court under subclause (2) may be made on any terms and conditions that the court considers necessary to preserve the security and integrity of the exhibit or otherwise to preserve its evidential value.

(4)

An exhibit must be transferred to another court—

(a)

with the appeal file; or

(b)

if requested by that other court for the purpose of an appeal; or

(c)

if required for the purpose of determining any proceeding in that other court.

(5)

An exhibit must be returned to the person or party who filed or produced it after the expiration of any appeal period in relation to the proceeding unless—

(a)

the court has ordered or directed that the exhibit be released, retained, destroyed, forfeited, or confiscated; or

(b)

the exhibit is subject to a specific statutory regime that governs the release, retention, destruction, forfeiture, or confiscation of the exhibit.