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

CRIMINAL CODE ss. 670,671 221
(2) The Attorney-General may, in a case where a person has been
acquitted after his trial upon indictment, refer any point of law that has
arisen at the trial to the Court for its consideration and opinion thereon.
Notice of the reference shall be given to1 the acquitted person.
Upon the reference the Court shall hear argument-
(a) by the Attorney-General or by counsel on his behalf; and
(b) if he so desires, by the acquitted person or by counsel on
his behalf,
and thereupon shall consider the point referred and furnish to the
Attorney-General its opinion thereon.
A reference pursuant to this section shall not affect the trial in
respect of which the reference is made; nor any acquittal in that trial.
Substituted by Act of 1975, No. 27, s. 34.
tion of Pr ~ H B Cornvie 7 7
any order restitution YP Y,
f compensation to an aggrieved person, made by the
court of trial, and the operation of the provisions of subsection one of
section twenty-six of The Sale of Goods Act of 1896 as to the revesting
of the property in stolen goods on conviction, shall (unless such court
directs to the contrary in any case in which in its opinion the title to the
property is not in dispute) be suspended-
(a) Until the expiration of the time provided for appealing to
the Court; and
(b) Where notice of appeal or of application for leave to appeal
is given within the time provided, until the determination of
the appeal or refusal of the application;
and in cases where the operation of any such order or the operation of
the said provisions is suspended until the determination of the appeal,
the order or provisions, as the case may be, shall not take effect as to
the property in question if the conviction is quashed on appeal, except
by the special order of the Court.
The Court may annul or vary any such order, although the con-
viction is not quashed.
Substituted by Act of 1913, 4 Geo. 5 No. 23, ss. 2 (l), 3, 12.
6731. The for Appe 7 Edw. 7 e. 23, s. 7. ( 1 ) Any person convicted
desiring to appeal to the Court, or to obtain the leave of the Court to
appeal from any conviction or sentence, shall give notice of appeal or
notice of application for leave to appeal, in the prescribed manner,
within fourteen days of the date of such conviction or sentence.
(2) In the case of a conviction involving sentence of whipping-
(a) The sentence shall not in any case be executed until after
the expiration of the time within which notice of appeal or
of an application for leave to appeal may be given; and
(b) If notice is so given, the appeal or application shall be heard
and determined with as much expedition as practicable, and
the sentence shall not be executed until after the determination
of the appeal or, in cases when an application for leave
to appeal is finally refused, of the application.
(3) The time within which notice of appeal, or notice of an application
for leave to appeal, may be given may be extended at any time by
the Court.
Substituted by Act of 1913, 4 Geo. 5 No. 23, ss. 2 (l), 3, 13; and as amended
by Act of 1922, 13 Geo. 5 No. 2, s. 3 (xx).
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