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

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

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198 SS. 620-1623 CRIMINAL CODE<br />

If evidence is adduced for one or more of several accused persons,<br />

but not for all of them, the counsel for the Crown is entitled to reply<br />

with respect to the person or persons by whom evidence is so adduced,<br />

'<br />

but not with respect to the other or others of them.<br />

Provided that a Crown Law Officer is entitled to reply in all cases,<br />

whether evidence is adduced by any accused person or not.<br />

As amended by <strong>Act</strong> of 1975, No. 27, s. 28.<br />

~~~~~~ up. After the evidence is concluded and the counsel or<br />

the accused person or persons, as the case may be, have addressed the<br />

jury, it is the duty of the Court to instruct the jury as to the law<br />

applicable to the case, with such observations upon the evidence as the<br />

Court thinks fit to make.<br />

After the Court has instructed the jury they are to consider their<br />

verdict. 4<br />

21. Jury no& to ~~~~~~~~~ Except as hereinafter stated, after the jury<br />

ave been sworn and the charge has been stated to them by the proper<br />

officer, they must not separate until they have given their verdict or are<br />

discharged by the Court.<br />

And no person except the officer of the Court who has charge of<br />

them is to be allowed lo speak or to communicate with any of them<br />

without the leave of the Court until they are discharged.<br />

Provided that on the trial of a person charged with any indictable<br />

oflence, the Court may, in its discretion, permit the jury to separate<br />

before considering their verdict for such period during any adjournment<br />

of the trial as the Court may think fit.<br />

If any person disobeys the directions of this section he may be<br />

punished summarily as for contempt of court.<br />

<strong>The</strong> validity of the proceedings is not affected by any such disobedience,<br />

but, if the fact is discovered before the verdict is given, the<br />

Court, if it is of opinion that such disobedience is likely to prejudice the<br />

fair trial of the charge, may discharge the jury, and may direct that a<br />

fresh jury be sworn during the same Sittings of the Court, or may adjourn<br />

the trial.<br />

As amended by <strong>Act</strong> of 1922, 13 Geo. 5 No. 2, s. 3 (xvii); <strong>Act</strong> of 1971,<br />

No. 41, s. 7 Sch.; <strong>Act</strong> of 1973, No. 53, s. 2.<br />

~~~~~ of Jury. While the jury are kept together, and until<br />

they have given their verdict, they are to be kept during any adjourn-<br />

ment of the Court, and while they are considering their verdict, in some<br />

private place under the charge of an officer of the Court, and are to be<br />

provided with with" such accommodation, meals and refreshment as the<br />

Court may allow.<br />

As amended by Acit of 1976, No. 39, s. 38.<br />

23. View. <strong>The</strong> Court may in any case, if it thinks fit, direct that the<br />

jury shall view any place or thing which the Court thinks it desirable that<br />

they should see, and may give any necessary directions for that purpose.<br />

<strong>The</strong> validity of the proceedings is not affected by disobedience to<br />

any such directions, but, if the fact is discovered before the verdict is<br />

given, the Court, if it is of opinion that such disobedience is likely to<br />

prejudice the fair trial of the charge, may discharge the jury, and may<br />

direct that a fresh jury be sworn during the same Sittings of the Court, or<br />

may adjourn the trial.<br />

* with [sic]

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