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

CRIMINAL CODE SS. 698-701 235
The Court may require any person to enter into a recognizance
conditioned to appear and give evidence at the trial of a person so
directed to be prosecuted.
In this section the term “Court” includes any person before whom
a writ of inquiry is executed, but does not include justices in petty
sessions.
Justices in petty sessions now Magistrates Court; see Justices Acts Amendment
Act of 1964, s. 2 (4).
of ~~a~~~~~~ Debtors. If, on the examination of any
airs are in course of administration under the provisions
of the laws relating to insolvent debtors before a Court which has jurisdic-
tion to examine him in the course of such administration, it appears to
the Court that he has been guilty of any of the offences defined in Chapter
LIII, the Court may commit him to take his trial for such offence before
some Court of competent jurisdiction, or may hold him to bail to appear
before a justice to answer any charge that may be brought against him
for any such offence.
A person so committed may be admitted to bail in the same manner
as if he had been committed for trial by a justice.
As amended by the Criminal Code Correction of Errors Act of 1900, 64 Vie.
No. 7, s. 1.
person prosecuted on a charge of the unlawful publicat
matter which is contained in any paper published by him, or by his
servant, by order or under the authority of either House of Parliament,
may, at any stage of the proceedings, apply to the Supreme Court or a
Judge thereof or to the Court in which the proceedings are pending, for
an order staying the prosecution, kst giving twenty-four hours’ notice of
his intention so to do to the prosecutor; and upon production to the
Court or Judge of a certificate under the hand of the President or Clerk
of the Legislative Council, or Speaker or Clerk of the Legislative
Assembly, as the case may be, stating that the paper in respect of which
the prosecution is instituted was published by the defendant, or by his
servant, by order or under the authority of the Council or Assembly,
together with an affidavit verifying such certificate, the Court or Judge
is required immediately to stay the prosecution, and may order the
prosecutor to pay to the defendant his costs of de€ence.
A person prosecuted on a charge of the unlawful publication of
defamatory matter which is contained in a copy of, or an extract from
or abstract of, any such paper, may, at any stage of the proceedings,
apply to the Supreme Court or a Judge thereof, or to the Court in which
the proceedings are pending, for an order staying the prosecution; and
upon production to the Court or Judge of an original of such paper,
together with such a certificate as aforesaid, and an affidavit verifying
the same, the Court or Judge may stay the prosecution, and may order
the prosecutor to pay to the defendant his costs of defence.
es. When justices dismiss a corn-
summary conviction, whether an
indictable offence or not, they may, if required and if they think fit, give
the accused person a certificate of dismissal. Such a certificate is a bar
to any further prosecution of the accused person for the same cause.
408. Custody ot Girls teein. When on the trial of a person
charged with any of the offences defined in Chapter XXII, relating to
women or girls, it is proved to the satis€action of the Court that the