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

196 SS. 613-619 CRIMINAL CODE
some indifferent person chosen by the Court from the panel of jurors,
or, if no juror has been sworn, by two indiflerent persons chosen by the
Court from such panel. The persons so appointed are to be sworn to try
the cause for challenge, and their decision on the fact is final and
conclusive.
If the persons so appointed cannot agree, the Court may discharge
them from giving a decision, and may appoint two other persons to try
the fact, to be chosen as in the case when no juror has been sworn.
83. hng of Accuse n, If, when the accused
person is called upon to plead to the indictment, it
uncertain, for any reason, whether he is capable of un
proceedings at the trial, so as to be able to make a pr
jury of twelve men, to be chosen from the panel of jurors, are to be
impanelled €ort~~~th, who are to be sworn to find whether he is so
capable or no.
If the jury find that he is capable of understanding the proceedings,
the trial is to proceed as in other cases.
If the jury find that he is not so capable they are to say whether
he is so found by them for the reason that he is of unsound mind or for
some other reason which they shall specify, and the finding is to be
recorded, and the Court may order the accused person to be discharged,
or may order him to be kept in custody in such place and in such manner
as the Court thinks fit, until he can be dealt with according to law.
A person so found to be incapable of und~~standing the proceedings
at the trial may be again indicted and tried for the offence.
As amended by Act of 1961, 10 Elia. 2 No. 11, s. 29.
jinfo The jury are to be
sworn to give a true verdict according dence upon the issues
to be tried by them.
When the jury have been sworn, the proper oficer of the Court
is to inform them of the charge set forth in the indictment, and of their
duty as jurors upon the trial,
of
CO
Court.. If, after a juror has been sworn, it
his own s~ate~ent that he is not indserent
as between the Crown and the accused person, or that for any other
reason he ought not to be allowed or required to act as a juror on the
trial, the Court may, without discharging the whole of the jury, discharge
that particular juror, and direct another juror to be sworn in his place.
fence by corn 1, Every person charged with an offence is
eintitled to make his defence at his trial and to have the witnesses examined
and cross-examined by his counsel.
The term “counsel” includes any person entitled to audience as an
advocate.
The trial must take place in the presence of
the accused person, unless ke so conducts himself as to render the
ont ti nuance of the proceedings in his presence impracticable, in which
case the Court may order him to be removed, and may direct the trial to
proceed in his absence.
Provided that the Court may, in any case, if it thinks fit, permit a
person charged with a misdemeanour to be absent during the whole or any
part of the trial on such conditions as it thinks fit.