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

CRIMINAL CODE SS. 6'92~475 225
(not exceeding seven days) as the Court thinks fit; and the Court or a
judge thereof shall thereupon make such order for the detention of the
appellant or his return to any former custody, or for liberating him on
bail or recognizance, as the Court or judge thinks fit, for the time during
which such stay has been directed.
(2) The Court or a judge thereof may, upon application by or on
behalf of the Crown Law Officer, make such order for the detention of the
appellant 01- for liberating him on bail or recognizance pending the hearing
of an appeal to the High Court of Australia as the Court or a judge may
think fit, and may at any time vary or rescind such order.
(3) On the application of any appellant deeming himself wronged
by any failure t~ diligently prosecute such appeal, the Court or a judge
thereof may order the immediate execution of the original order of the
Court quashing the conviction, and may order the appellant's immediate
release, and the Court may further, if it thinks fit, award him such
compensation as appears just.
Inserted by Act of 1913, 4 Geo. 5 No. 23, ss. 3, 25.
reserved. 7 Edw. 7 c. 23, S. 88. Nothing in the
foregoing provisions of this Chapter shall affect the pardoning power of
the Governor on behalf of His Majesty, but the Crown Law Officer,
on the consideration of any petition for the exercise of the pardoning
power having reference to the conviction of any person or to any sentence
passed on a convicted person, may-
(a) Refer the whole case to the Court, and the case shall be
heard and determined by the Court as in the case of an
appeal by a person convicted;
(b) If he desires the assistance of the Court on any point arising
in the case with a view to the determination of the petition,
refer that point to the Court for its opinion thereon, and the
Court shall consider the point so referred and furnish the
Crown Law Officer with its opinion thereon accordingly.
Inserted by Act of 1913, 4 Geo. 5 Noi 23, ss. 3, 26; and as amended by Act
of 1922. I3 Geo. 5 No. 2, s. 3.
673. A~~~~~~ frolm S ary S. S. A person convicted summarily
of an indictable offence may appeal against his conviction and against the
sentence passed on his conviction on the same grounds and on the same
conditions as if he had been convicted on indictment.
TEie rights conferreid by this section are conferred to the exclusion
of any other right of appeal conferred by the Justices Act 1886-1974
on ~~X-SQ~S
aggrieved by summary convictions and sentences passed on
such convictions.
Substituted by Act of 1975, No. 27, s. 37.
67'4. (Repealed.)
Repealed by Act of 1975, No. 27, s. 38.
~ ~ e ~ ~ ~ ~
In any case in
which the Governor is authorised, on behalf of Her Majesty, to extend the
Royal mercy to an offender under sentence of imprisonment with or
without hard labour, he may extend mercy upon condition of the offender
entering into a recognizance conditioned as in the case of offenders
discharged by the Court upon suspension of the execution of a sentence.