Order 8 of the Criminal Practice Rules 2022 governs evidence at trial, and much of the work is done before the trial begins.
Order 8 Division 1
(1) An admission may be made before or at the trial by the filing or presenting to the Court an admission in Form 36, which shall be signed by the accused or the lawyer for the accused.
(2) With the leave of the Court, an admission … may be made orally at the trial.
(3) An admission so made shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to the same matter including an appeal or retrial.
(4) It may with leave of the Court be withdrawn at the trial at which it is made or in any subsequent criminal proceedings relating to the same matter.
Both pre-trial statements address them. Order 6 Rule 3(c) requires the prosecution to identify facts which can be and are admitted pursuant to s 589 of the Code … and of the witnesses whose attendance will not then be necessary; Rule 4(e) requires the defence to say whether it is likely that admissions would be made. See pre-trial reviews.
Order 8 Division 2
“Evidence of an alibi” means evidence tending to show that by reason of the presence of the accused person at a particular place or in a particular area at a particular time he or she was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission. “The prescribed period” means the period of 14 days prior to the date of trial.
Rule 3(1) — an accused shall not upon his or her trial, without the leave of the Court, adduce evidence of an alibi unless, before the expiration of the prescribed period, the accused files and serves on the prosecutor a notice of alibi in Form 26, signed by the accused or their lawyer.
Rule 3(2): the notice shall contain the name and address of any other person … whom the accused claims can support the alibi.
Rule 3(3): if the name or address is not known, the accused shall give in the notice all information in their possession that may be of material assistance in locating the other person.
An alibi raised for the first time at trial requires leave, and the absence of notice will be apparent from the file.
Order 8 Divisions 3 and 4
Where the State has indicated an intention to rely on certain evidence and the accused proposes to object, the accused shall, at least 14 days before the date of the trial, file and serve a notice of objection to such evidence, in Form 37, stating the grounds on which objection will be taken.
If the accused fails to file and serve a notice of objection to evidence or to give proper notice of objection, any objection to such evidence shall be heard only with the leave of the Court where it is in the interests of justice to do so.
So a late objection is not lost, but it requires leave and a conclusion that hearing it is in the interests of justice.
Where objection is taken, the Judge shall decide whether it is in the interests of justice to conduct a separate hearing within the trial, known as a voir dire, to determine whether any such contentious evidence shall be admitted.
If a voir dire is ordered, the order is made orally and/or in Form 38, and shall include directions as to the order and manner in which evidence shall be given and submissions made. Where made orally, the associate shall make an appropriate endorsement on the file.
Order 8 Division 5
The Court may at any time before or during a trial issue a summons, in Form 39, commanding any person whom the Court shall name to attend and give evidence as a witness at the trial and/or to produce such documents or other things in the possession or control of that person that might be necessary or desirable evidence at the trial.
Expenses shall, if so ordered by the Judge, be paid by the person named in the order as being responsible — which might be in an appropriate case, the Registrar who shall pay such expenses from funds made available for that purpose.
Divisions 9 to 11
Division 9 — procedures for a view of places or things.
Division 10 — responsibility for the exhibit list, and the contents of the exhibit list and MFI list — the list of documents marked for identification.
Division 11 — dealing with exhibits during trial and after trial, and orders that an exhibit not be returned to its owner.
The no-case submission
At the close of the State’s case the defence may submit that there is no case to answer. Order 7 Rule 7(4) expressly contemplates it where the State offers no evidence: the Court shall hear and determine that submission forthwith and make such orders as are necessary or appropriate, including entering a verdict of not guilty. See no-case submissions.
Order 10 Rule 1
As soon as practicable after pronouncing the verdict, the Judge shall cause an order in Form 61 to be entered in the record, giving details of the charge(s), the plea, and the verdict in respect of each charge, expressed as either “guilty” or “not guilty”.
On a guilty verdict it records whether pre-sentence or other reports are requested, whether the offender is remanded in custody, and whether bail pending sentence is granted.
On a not guilty verdict it records that the accused is discharged from the charge under section 591 of the Criminal Code Act (Chapter 262), whether the accused is released from custody and discharged from bail obligations, and whether any cash bail or other surety will be refunded.
Sources
- Criminal Practice Rules 2022 — O 6 rr 3, 4; O 7 r 7; O 8 Divs 1–11; O 10 rr 1–4; Forms 26, 36–39, 61–63
- Criminal Code Act (Chapter 262) — ss 589, 591
- Constitution — s 37(3), (12), (13)
- Juvenile Justice Act 2014
The Evidence Act (Chapter 48) is not available on PacLII.
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.