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

226 SS. 676-678 CRIMINAL CODE
The offender is thereupon liable to the same obligations, and is liable
to be dealt with in all respects in the same manner, as a person discharged
by the Court on recognizance upon such suspension.
676. Pardon in case of In1 rissment for ~ ~ ~ - ~ adf y Mmey. ~ e n t The
Governor may extend the Royal mercy to any person imprisoned upon
conviction of any of the offences defined in Chapters XLIV and XLVII,
although he is imprisoned for non-payment of money which is payable to
some private person.
677. Effect of Pardom. A pardon by the Governor, on behal€ of Her
Majesty, has the effect of discharging the convicted person from the
Consequences of the conviction.
CHAPTER LXVIII-SUMMARY TRIAL OF CHILDREN UNDER TWELVE
mary &on of e9 in caw of
bY c not more Twelve Years 0
who is charged with committing or attempting to commit any indictable
offence otther than treason, murder, or manslaughter, and whose
age at the time of the commission or attempted commission of
the offence did not in the opinion of the justices before whom he is
brought exceed the age of twelve years, may be tried in a summary
manner before two justices, if they think it expedient so to do, and if the
parent or guardian of the child so charged, when informed of his right
to have the child tried by jury, consents to the case being dealt with
summarily.
In any such case the justices may, except as hereinafter provided,
award the same kind of punishment as might have been awarded if the
offender had been convicted on indictment.
Provided that-
(a) When imprisonment is awarded, the term of imprisonment
cannot exceed one month;
(b) When a fine is imposed, the amount cannot exceed four
dollars; and
(c) When the child is a male, the justices may, either in addition
to or instead of any other punishment, adjudge that the
child be, as SQO~ as practicable, privately whipped with not
more than six strokes of a birch rod, cane, or leather strap,
in the presence of some police officer of higher rank than
a constable, and also in the presence, if he desires to be
present, of the parent or guardian of the child.
(2) If, when a child is charged before justices with committing or
attempting to commit an indictable offence, the parent or guardian of the
child is not present, the justices may remand the child for the purpose of
causing notice to be served on such parent or guardian in order, if
practicable, to secure his attendance at the hearing of the charge; or they
may proceed to deal with the case summarily under the provisions of this
section.
(3) If the parent or guardian of the child is present, then, whenever
during the hearing of the charge the justices become satisfied by the
evidence that it is expedient to deal with the case summarily under the
provisions of this section, they are required to cause the charge to be