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

CRIMINAL CODE SS. 686-690 233
CHAPTER LXX-INFORMATIONS BY PRIVATE PERSONS
OFFENCES: Ex OFFICIO INDICTMENTS
68 .&ion by Ieave of by Private ~ ~ o Any ~
person may by leave of the Supreme Court present an information against
any other person for any indictable offence not punishable with death,
alleged to have been committed by such other person,
Pun information presented by leave of the Court is to be signed by
the person on whose application the leave is granted, or some other
person appointed by the Court in that behalf, and filed in the Supreme
Court.
The person who signs the information is called the prosecutor.
The i ~o~ation is to be intituled “The Queen on the prosecution
of the prosecutor (naming him) against the accused person” (naming
him), and must state that the prosecutor informs the Court by leave
of the Court.
Except as otherwise expressly provided, the formation and the
proceedings upon it are subject to the same rules and incidents in all
respects as an indictment presented by a Crown kaw Officer and the
proceedings upon such an indictment as hereinbefore set forth.
e ~ ~
FOR INDICTABLE
information is presented the prosecutor is to be required to give security,
in such amount and in such manner as the Court on giving leave to
present the information may direct, that he will prosecute the information
without delay, and will pay to the accused person such costs incurred by
him in respect of his defence to the charge as the Court may order him
to pay.
~~~~, An office copy of the information is to be
served upon the accused person, upon which copy there must be indorsed
a summons, under the hand of the Registrar and seal of the Court,
requiring him to appear and plead to the information within the same
time after service within which he would be required to enter an appearance
after service of a writ in a civil action.
lea. The accused person is required within the time so limited to
enter an appearance and file his plea in writing in the Supreme Court,
and to deliver a copy thereof forthwith to the prosecutor.
If the accused person does not plead to the informa-
tion according to the exigency of the summons indorsed on the COPY
served on him, the prosecutor may serve him with a notice to the effect
that unless he pleads or demurs within eight days a plea of not guilty
will be filed in his name. Upon filing an affidavit setting forth the service
of the information and of such notice, and of default of pleading in
accordance with the exigency of the notice, the prosecutor may cause a
plea of not guilty to be filed for the accused person, and thereupon the
same proceedings may be had as if the accused person had filed a plea
of not guilty.
Or, in the case of a misdemeanour, judgment of conviction may, by
leave of the Court or a Judge, be entered against him for want of a plea.
But the Court or a Judge may, either before or after the time so
prescribed, allow further time for the accused person to plead or demur
to the information.