Commonwealth Numbered Regulations Commonwealth Numbered RegulationsProceedings other than criminal appeal proceedings--exhibits tendered by the prosecutor
(1) At the conclusion of criminal proceedings (other than criminal appeal proceedings), any exhibit tendered by the prosecutor in the proceedings will:
(a) be returned to the custody of the prosecutor; and
(b) be retained by the prosecutor pending any appeal.
(2) If:
(a) an exhibit is returned to the custody of the prosecutor under subrule (1); and
(b) appeal proceedings are started in relation to the criminal proceedings;
a Registrar may direct the prosecutor to produce the exhibit to the Court.
Proceedings other than criminal appeal proceedings--exhibits tendered by the accused
(3) An exhibit tendered by the accused in criminal proceedings (other than criminal appeal proceedings) will:
(a) be retained by the Court for such period after the conclusion of the proceedings as the Court considers appropriate pending a possible appeal, and then returned to the accused; and
(b) if criminal appeal proceedings are started in relation to the criminal proceedings before the exhibit is returned in accordance with paragraph (a)--be dealt with in accordance with subrule (4).
Criminal appeal proceedings
(4) An exhibit held by the Court in relation to criminal appeal proceedings will, subject to subrule (5):
(a) be retained by the Court for such period after the conclusion of the proceedings as the Court considers appropriate pending a possible further appeal; and
(b) then be returned to the person who tendered the exhibit.
(5) If, before an exhibit is returned in accordance with subrule (4), a party starts appeal proceedings in the High Court, the exhibit will:
(a) be retained by the Court until the appeal proceedings have concluded or until the High Court otherwise orders or directs; and
(b) then, subject to an order or direction of the High Court, the Court or a Registrar, be returned to the person who tendered the exhibit.
Documents or things produced in response to a subpoena
(6) If an exhibit tendered in criminal proceedings is a document or thing produced in response to a subpoena, a Registrar may, despite subrule (1), (3), (4) or (5), return the exhibit to the person who produced it if that Registrar considers it appropriate to do so.