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

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234 SS. 691-6597 CRIMINAL CODE<br />

691. Time and Place of Trial. When the accused person pleads any plea,<br />

or when a plea of not guilty is filed for him by the prosecutor, either<br />

party may apply to a Judge to appoint the time and place of trial, of<br />

which notice is to be given to the accused person.<br />

for Prosecutor on Demurrer. If the accused<br />

does not plead any plea, and judgment is given<br />

against him on demurrer, he is required to plead to the i~ormation<br />

within such time as the Court or a Judge may allow. If he makes<br />

default in doing so, the same proceedings may be taken as if he had made<br />

default in pleading in the first instance.<br />

Heading as amended by Statute Law Revision <strong>Act</strong> of 1908, 8 Edw. 7<br />

No. 18. s. 5.<br />

&. If judgment of conviction is entered<br />

against the accused person for want of a plea, he is required to attend<br />

to receive the judgment of the Court at a time and place to be appointed<br />

by a Judge. If he does not so attend, any justice may issue his warrant<br />

to arrest him and bring him before the Court to receive judgment.<br />

694. Costs of Defence, In either of the following cases, that is to say,-<br />

(1) If the accused person pleads to the information, and is not<br />

brought to trial within a year after filing his plea; or<br />

(2) If a Crown Law Qfficer informs the Court that he will not<br />

further proceed on the information; or<br />

(3) If the accused person is acquitted upon trial;<br />

the Court, or the Judge before whom the trial, if any, is had, may award<br />

costs to the accused person.<br />

695. Practice to be appllie ation. When an indictment<br />

is presented in the Supreme Court by a Crown Law Officer against any<br />

person who has not been committed for trial for the offence charged in<br />

the indictment, the Crown may proceed thereon in the manner prescribed<br />

in this Chapter with respect to informations filed by private prosecutors,<br />

except that no security shall be required.<br />

CHAPTER LXXI-MIS c E L LAN E ous PROVISION s<br />

s of Jury to be given to Person C<br />

son. When a person is to be tried for the crime of<br />

treason, or of becoming an accessory after the fact to treason, or of<br />

failing when he knows that any person intends to commit treason, to give<br />

information thereof with all reasonable despatch to a justice or use other<br />

reasonable endeavours to prevent the commission of the crime, a list<br />

of the jurors, with their Christian names and su~ames written at full<br />

length, and with the true place of abode and description of every juror,<br />

is required to be given to him, in the presence of two credible witnesses,<br />

ten days before he is called upon to plead to the indictment.<br />

697. Court may Dired ce n P~~SSO~S to be ~ ~ for Perjnry. ~<br />

If it appears to any Court that any person has been guilty of perjury<br />

in any testimony given before it, the Court may commit him to take his<br />

trial for such perjury before any Court of competent jurisdiction in the<br />

same manner as if he had been charged before a justice with the same<br />

perjury, and sufficient evidence had been given against him.<br />

A person so committed may be admitted to bail in the same<br />

manner as if he had been committed for trial by a justice.<br />

e ~

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