Western Australian Current Regulations

SUPREME COURT (COURT OF APPEAL) RULES 2005 - REG 70

70 .         Non‑parties may apply for transcripts or other records in criminal appeals

        (1)         In this rule —

        media manager means the person who, on behalf of the Supreme Court, manages its relations with media organisations;

        media organisation means an organisation that disseminates news or information to the public through the press or by means of radio, television or the internet.

        (2)         A person who is not a party to a criminal appeal may apply to the Court of Appeal for leave to inspect or obtain a copy of —

            (a)         the record, or the certified transcript of the record, of any proceedings in the appeal; or

            (b)         any other record in the possession of the Court of Appeal in relation to the appeal, including documents (including those in electronic form) and other things tendered in evidence in the appeal.

        (3)         The application —

            (a)         may be made orally to the media manager if —

                  (i)         it is made by a person employed in a media organisation; and

                  (ii)         the Court of Appeal, on a written application made under this rule by another person employed in a media organisation, has already granted leave to that other person to inspect or obtain a copy of the record the subject of the application;

                but

            (b)         otherwise must be made in writing to the Court of Appeal and must set out the grounds of the application.

        (4)         The applicant need not give notice of the application to any party to the appeal unless an order is made under rule 71(5)(b).

        (5)         On an oral application made under subrule (3)(a), the media manager —

            (a)         may grant the application if satisfied that the Court of Appeal has already granted leave to another person who is employed by a media organisation to inspect or obtain a copy of the record the subject of the application; but

            (b)         otherwise must refuse the application.

        (6)         If under subrule (5)(a) the media manager grants an oral application, the application must be granted on the same terms and subject to the same conditions (if any) that were imposed by the Court of Appeal when it gave leave to the other person employed by a media organisation.

        (7)         A person whose oral application is refused under subrule (5)(b) may make a written application under subrule (3)(b).

        [Rule 70 inserted: SL 2025/76 r. 18.]