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

CRIMINAL CODE SS. 591-593 191
(7) In this section-
“evidence in support 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 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 fourteen days after
the date of the committal for trial of the accused person.
Inserted by Act of 1975, No. 27, s. 22.
591. ~~~e~~~~~~~ Tri ersons not under CO it&& When an
indictment is presented in any Court against any person who has not
been committed for trial or held to bail upon the charge set forth in the
indictment, and the accused person is not brought to trial within a year
after the indictment is presented, the Court may, upon the application
of the accused person or any of the accused persons, if more than one,
authorise him to bring on the trial, and he may bring on the trial
accordingly, unless in the meantime the Court is informed that the Crown
will not further proceed upon the indictment.
a], (1) The Court to which a person has been
committed or remanded for trial on indictment or before which an
indictment is presented may, if it thinks fit, adjourn the trial and may
remand the accused person accordingly.
A trail may be adjourned whether or not-
(a) the accused person is present;
(b) the accused person has been called upon to plead to the
indictment;
(c) a jury has been sworn;
(d) evidence has been given.
(2) The Crown shall, where it is proposed to make application
for an adjournment in the absence of an accused person who is detained
in a place of legal detention, notify in writing that accused person-
(a) that the application is to be made and the nature, date,
time and place thereof;
(b) that he may furnish to the Court a statement in writing in
relation to the application; and
(c) that he may be represented by his counsel on the hearing
of the application.
(3) For the purposes of this section the term “adjourn the trial”
includes postpone the trial in a case where the accused person has not
been called upon to plead to the indictment.
Substituted by Act of 1975, No. 27, s. 23.
redons as to trial upoa adjo~nm~memt,
(1) Where the trial of a
person charged or to be charged with an offence on indictment is
adjourned, the Court in open court may direct the trial to be held at a
later Sittings of the same Court or before some other Court of competent
jurisdiction.