Table Of Contents

Criminal Amendment Rules 2023

Tasmanian Crest
Criminal Amendment Rules 2023
6 April 2023

We, the Honourable Alan Michael Blow, AO, Chief Justice, and the Honourable Helen Marie Wood, the Honourable Stephen Peter Estcourt, AM, the Honourable Robert William Pearce, the Honourable Michael Joseph Brett, the Honourable Gregory Peter Geason, and the Honourable Tamara Kaye Jago, Puisne Judges of the Supreme Court of Tasmania make the following Rules of Court under section 12 of the Criminal Code Act 1924 .

1.   Short title

These Rules of Court may be cited as the Criminal Amendment Rules 2023 .

2.   Commencement

These Rules of Court take effect on the day on which their making is notified in the Gazette.

3.   Principal Rules

In these Rules of Court, the Criminal Rules 2006 are referred to as the Principal Rules.

4.    Rule 16 amended (Notice of appeal)

Rule 16 of the Principal Rules is amended as follows:
(a) by inserting the following subrule after subrule (1) :
(1A)  A notice of appeal or notice of application for leave to appeal is to set out numbered grounds of appeal.
(b) by inserting the following subrules after subrule (5) :
(6)  The appellant may make application for leave to amend the grounds of appeal forming part of a notice of appeal or notice of application for leave to appeal.
(7)  On receiving an application made under subrule (6) , a judge, the Associate Judge or the Court of Criminal Appeal may grant leave to amend the grounds of appeal on such terms as the judge, Associate Judge or Court considers just.

A. M. BLOW

Chief Justice

H. M. WOOD

Puisne Judge

S. P. ESTCOURT

Puisne Judge

R. W. PEARCE

Puisne Judge

M. J. BRETT

Puisne Judge

G. P. GEASON

Puisne Judge

T. K. JAGO

Puisne Judge

Countersigned,

P. J. IKEDIFE

Registrar

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 April 2023

These Rules of Court are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the rule)

These Rules of Court amend the Criminal Rules 2006 by requiring numbered grounds of appeal to be included in appeal documents and allowing for leave to be granted to amend grounds of appeal.