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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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204 SS. 650-654 CRIMINAL CODE<br />

Upon the hearing of the motion the Court may allow any such<br />

amendments of the indictment as it might have allowed before verdict.<br />

<strong>The</strong> Court may either hear and determine the motion forthwith or<br />

may reserve the question of law for the consideration of the Court of<br />

<strong>Criminal</strong> Appeal as hereinafter provided.<br />

As amended by <strong>Act</strong> of 1913, 4 Geo. 5 No. 23, s. 2 (2).<br />

650. Sentence. If a motion to arrest the judgment is not made or is<br />

dismissed, the Court may either pass sentence upon the offender forthwith<br />

or may discharge him on his recognizance, as hereinbe€ore provided,<br />

conditioned that he shall appear and receive judgment at some future<br />

Sittings of the Court, or when called upon by notice in the prescribed<br />

form.<br />

If the trial was had in a Circuit Court, the recognizance may, in the<br />

discretion of the Court, be conditioned to appear and receive judgment<br />

before the Supreme Court at some fixed future time, or when called<br />

upon by notice in the prescribed form.<br />

If sentence is not passed forthwith, any Judge of the Court may at<br />

any subsequent sitting of the Court at which the offender is present pass<br />

sentence upon him.<br />

If an offender (including any offender called upon by notice in the<br />

prescribed form to appear and receive judgment in respect of D portion<br />

bf his sentence suspended under any provision of this <strong>Code</strong>) does not<br />

appear at the required time and place any Judge of the Court may<br />

estreat the offender’s recognizance and the recognizance of his bail, if<br />

any, and such Judge may issue a warrant to arrest the said offender<br />

and to bring him before a Judge of the Court and thereupon such offender<br />

may be arrested and brought before the Supreme Court or any Circuit<br />

Court or any District Court, as the case may be.<br />

<strong>The</strong> Court may, before passing sentence, receive such evidence as it<br />

thinks fit in order to inform itself as to the sentence proper to be passed.<br />

As amended by <strong>Act</strong> of 1948, 12 Geo. 6 No. 48, s. 11; <strong>Act</strong> of 1961, 10 Eliz.<br />

2 No. 11, s. 33.<br />

651. (Repealed.)<br />

Repealed by <strong>Criminal</strong> Cade Amendment <strong>Act</strong> of 1922, 13 Geo. 5 No. 2, s. 3<br />

(xviii ) .<br />

652. (Repealed.)<br />

Repeaied by <strong>Criminal</strong> <strong>Code</strong> Amendment <strong>Act</strong> of 1922, 13 Gm. 5 No. 2, s. 3<br />

(xviii).<br />

653. (Repealed.)<br />

(xviii ) .<br />

Repealed by <strong>Criminal</strong> <strong>Code</strong> Amendment <strong>Act</strong> of 1922, 13 Cm. 5 No. 2, s. 3<br />

. When an offender is sentenced to solitary con-<br />

finement, the Court is required to give directions in the sentence as to<br />

the confinement, and may direct that the offender be kept in, solitary<br />

confinement, but not in darkness, for any portion or portions of the<br />

term of his imprisonment, whether it is with or without hard labour, not<br />

exceeding one month at any one time, and not exceeding three months<br />

in any one year.

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