The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

CRIMINAL CODE SS. 563-566 181
tried upon the charge set forth in the indictment, or who does not appear
to be tried upon the charge set forth in the indictment, a Judge of the
Court in which the indictment is presented may issue a warrant under
his hand to arrest the accused person and bring him before a justice of the
peace; and the justice before whom he is brought may commit him to
prison until he can be tried on the indictment, or may, in a proper case,
admit him to bail with sufficient sureties to attend to be tried on the
indictment.
As amended by the Criminal Code Correction of Errors Act of 1900, 64 Vic.
No. 7, s. 1.
uni. A Crown Law Bficer may inform any Court, by
writing under his hand, that the Crown will not further proceed upon any
indictment then pending in the Court.
An officer appointed by the Governor in Council to present indictments
in any Court of cr~minal jurisdiction may inform that Court, by
writing under his hand, that the Crown will not further proceed upon
any indictment then pending in that Court.
When such information is given to the Court the accused person is
to be discharged from any Surther proceedings upon that indictment.
5 cent. An indictment is to be intituled with the name
of the Court in which it is presented, and must, subject to the provisions
hereinafter contained, set forth the offence with which the accused person
is charged in such a manner, and with such particulars as to the alleged
time and place of committing the offence, and as to the person, if any,
alleged to be aggrieved, and as to the property, if anyt in question, as may
be necessary to inform the accused person of the nature of the charge.
If any ~ircumstances of aggravation is intended to be relied upon,
it must be charged in the indictment.
It is sufficient to describe an offence in the words of this Code or
of the Statute defining it.
The place of trial is to be named in the margin of the indictment.
ts, The following rules are
(1 ) Any document or other thing may be described by any name
or designation by which it Is usually known, and any document
may be described by its purport without setting out a
copy or facsimile of the whole or any part of it:
(2) A trademark may be described by that name, and any other
mark may be described in any way which will indicate its
nature, without setting out a copy or facsimile of it:
(3) It is not necessary to set forth the value of any thing
mentioned in an in~~ctme~t unless the value is an essential
element of the offence:
(4) It is not necessary to set forth the means or instrument by
which any act is done, unless the means or instrument are
an essential element of the offence:
(5) It is not necessary to set forth any particulars as to any person
cr thing which need not be proved, nor any other matter
which need not be proved.
566. Particamllar In ents. (1) An indictment for treason must state
overt acts of the treason alleged.