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

CRIMINAL CODE SS. 618-1619 197
If the accused person absents himself during the trial without leave,
the Court may direct a warrant to be issued to arrest him and bring him
before the Court forthwith.
618. Evidence e. At the close of the evidence for the prmecu-
tion the proper oflicer of the Court shall ask the accused person whether
he intends to adduce evidence in his defence.
Substituted by Act of 1975, No. 27, s. 27.
Every person accu
r husband, as the case may be, of every such accused
person, shall be a competent witness on his or her behalf, but shall not
be compellable to be a witness without his or her consent.
Any accused person tendering himself as a witness may be asked
any question in cross-examination notwithstand~g that it would tend to
criminate him as to the offence charged but he shall not be asked, and
if asked shall not be required to answer, any question tending to show
that he has committed or been convicted of or been charged with any
offence other than. that wherewith he is then charged, or is of bad
character, unless-
(a) The proof that he has committed or been convicted of such
other offence is admissible evidence to show that he is
guilty of the offence wherewith he is then charged; or
(b) Ne has by himself or his counsel asked questions of the
witnesses for the prosecution with a view to establishing his
own good character, or has given evidence of his good character
or the nature or conduct of the defence is such as to
involve imputations on the character of the prosecutor or the
witnesses for the prosecution: Provided that the permission
of the judge (to be applied for in the absence of the jury)
to ask any such question must first be obtained; or
(c) He has given evidence against any other person charged wit
the same offence.
Inserted by Act of 1961, 10 Eliz. 2 No. 11, s. 31.
618. Speeches by COM~S~. Before any evidence is given at the trial of alp
accused person the counsel for the Crown is entitled to address the jury
for the purpose of opening the evidence intended to be adduced for the
prosecution.
If the accused person or any of the accused persons, if more than
one, is defended by counsel, and if such counsel or any of such counsel
says that he does not intend to adduce evidence, the counsel for the
Crown is entitled to address the jury a second time for the purpose of
sum~in~ up the evidence already given against such accused person or
persons for whom evidence is not intended to be adduced.
At the close of the evidence for the prosecution the accused person,
and each of the accused persons, if more than one, may by himself or his
counsel address the jury for the purpose of opening the evidence, iE any,
intended to be adduced for the defence, and after the whole of the
evidence is given may again address the jury upon the whole case.
If evidence is adduced for an accused person, the counsel for the
Crown is entitled to reply.