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1447529 Apr 2005 p 1885-9641447529 Apr 2005 p. 1885-964
RTF Name: L:\swans2\WorkDir\Criminal Procedure Rules 2005 - 95.rtf Place holder for Tables (if any):
Start Date: 05/02/2005 End Date: 01/01/2999
2005050229990101
Document Type : SEC
Search Start Date: 38474
Index Entry : Criminal Procedure Rules 2005\Part 14-Criminal Appeals Act 2004 Part 2 Division 2 rules\Division 4-Concluding an appeal
Search End Date: 401404
temp:Criminal+Procedure+Rules+2005+-+95.pdf&83CAC8171B4F515148256FF5000BD520
75. Return of exhibits
(1) After an appeal is concluded, a registrar must, unless the Court has ordered otherwise ¾
(a) return any record or thing given to the Court by the primary court to the primary court;
(b) by a written notice, require the party who tendered any record or thing that was admitted in evidence by the Court to collect it from the court; and
(c) by a written notice, require any person who, under a subpoena, produced any record or thing to the Court that was not admitted in evidence, to collect it from the court
(2) A registrar must not act under subrule (1) until ¾
(a) the time for commencing proceedings in the Court of Appeal in relation to the appeal has expired; or
(b) if proceedings in the Court of Appeal in relation to the appeal are commenced before that time expires, the proceedings are concluded.
(3) Despite subrule (2), a registrar ¾
(a) may dispose of a record or thing that the registrar considers is dangerous to retain or return to a person; or
(b) may release a record or thing to a person who is entitled to custody of it if the registrar considers that ¾
(i) it is dangerous, impracticable or inconvenient to retain the record or thing under this rule; or
(ii) it is necessary for that person to have use of the record or thing.
(4) If under subrule (3)(b) a registrar releases a record or thing to a person, the registrar may require the person, as a condition of being given it, to give a written undertaking to the Court as to the care maintenance and custody of it and its re-delivery to the Court.
(5) If a record or thing remains in the possession of the Court after reasonable steps have been taken to identify a person who is entitled to possession of it and to require the person to collect it from the court, a judge may order a registrar to destroy it or dispose of it in some other way.