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

But if during the period aforesaid none of the aforesaid events
happens, he is discharged from the original sentence; and the conviction
on which that sentence was imposed is not on any subsequent conviction
against him to be deemed to be a previous conviction for the purposes
of any law under which a greater punishment may be inflicted upon a
person. who has been previously convicted.
The Governor in Council, with the concurrence of two or more
Justices of the Supreme Court, may by Order in Council from time to
time make such rules of court as may be necessary to give effect to the
objects and purposes of this section. Such rules of court may in particular
provide for-
(a) The prescribing of further terms and conditions in recogniz-
ances in addition to the terns and conditions therein as
hereinbefore prescribed in this section;
(b) The mode of proof of convictions;
(c) The means of proof of a breach of the terns and conditions
of recognizances;
(d) The penalty and/or imprisonment for a breach of the terms
and conditions of recognizances made under such rules and
the mode of enforcement of such penalty or imprisonment,
and the provisions of section eleven of The Supreme Court Act of
1921 shall mutatis mutandis, apply and extend accordingly.
As amended by Act of 1943, 7 Geo. 6 No. 14, s. 26; Act of 1948, 12 Geo. 6
No. 48, s. 12; Act of 1971, No. 41, s. 8.
Justices in petty sessions now Magistrates Court; see Justices Acts Amendment
Act of 1964, s. 2 (4).
ffender in certain Crases. When a person is sum-
marily convicted of any offence relating to property, the justices may
discharge the oflender without inflicting any punishment upon his making
such satisfaction to the person aggrieved for damages, with or without
costs, as may be approved by the justices.
When such satisfaction has been made, the offender is not liable
to any civil proceedings for the same cause at the suit of the persofi
aggrieved.
657~. hwer to permit relearn of certain persons charged. (1) Where
a person charged before a Court or justices has been found guilty of or
has pleaded that he Is guilty of an offence punishable by that Court or
those justices and the Court thinks or the justices think that having
regard to-
(a) his character, antecedents, age, health and mental condition;
(b) the trivial nature of the offence;
(c) the extenuating circumstances under which the offence was
committed; and
(d) any other matter that the Court or justices think it proper to
consider,
it is not expedient to inflict any punishment or any punishment other
than a nominal punishment the Court or justices may, without recording
a conviction, make an order-
(e) discharging the off ender absolutely; 01.