Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p18
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 18/48)
Character Range: 56576–59219

to outline the issues in contention between the prosecution and accused.
 (2) If the invitation is made and the accused declines the invitation, the prosecutor must not comment to the jury about the accused's decision.
 (3) If the invitation is made and the accused accepts the invitation, the accused may outline the issues in the trial:
 (a) in the presence of the jury; and
 (b) before the prosecutor adduces the prosecutor's evidence.

3.16  Right of accused to adduce evidence
 (1) If, at the conclusion of the prosecutor's evidence, the accused decides to adduce evidence, the accused may address the Court, outlining the case for the defence, before giving or calling that evidence.
 (2) If 2 or more accused decide to adduce evidence as referred to in subrule (1), the Court may give directions about the order in which the evidence is to be adduced.

3.17  Right to address
 (1) At the conclusion of the evidence, the prosecutor and the accused may address the Court on the evidence.
 (2) The address for the prosecution must be made before the address for the accused.
 (3) If 2 or more accused want to address the Court on the evidence, the Court may give directions about the order in which the accused may address the Court.

Division 3.5—Fitness for trial

3.18  Judge to determine issue of fitness
  In indictable primary proceedings a Judge may determine whether a person is fit to be tried.

Part 4—Criminal appeal proceedings etc.

Division 4.1—Leave to appeal

4.01  Applications for leave to appeal

Leave to appeal about indictable offences or against summary judgments
 (1) An application for leave to appeal under subsection 30AA(1) or (2) of the Act must be made by filing a notice in accordance with Form CP21.

Leave to appeal against interim judgments and decisions
 (2) An application for leave to appeal under subsection 30AA(4) of the Act from a judgment or decision must be made:
 (a) orally at the time the judgment or decision is made; or
 (a) by filing a notice in accordance with Form CP21.

Documents that must accompany notice
 (3) A notice referred to in subrule (1) or (2) must be accompanied by an affidavit stating briefly, but specifically, the facts that support the application.
 (4) The following must be attached to the affidavit:
 (a) the judgment or decision to which the application relates;
 (b) the reasons, if published, for the judgment or decision;
 (c) a draft notice of appeal that complies with rule 4.10.
Note 1: See section 30AB of the Act for whether leave to appeal is needed. If leave is not needed for any of the grounds of the appeal, see Division 4.2 of these Rules.
Note 2: See