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

246 Orders II,III[ CRIMINAL PRACTICE RULES
2. ~ ~ ~ e r ~ of ~ Terms. e t ~ ~ In othese n Rules-
The term “The Code” means the Criminal Code;
The temi “Plaintiff in Error” means a party by whom proceedings
in error are taken under the provisions of these Rules;
The term “a Queen’s Prison” means and includes the gaols at
Brisbane, Rockhampton, and Townsville respectively, and any other
prison duly appointed under the laws relating to prisons, and also any
other place of confinement in which the person in question may be
lawfully confined, under process of the Supreme Court, otherwise than in
execution of a judgment after conviction of an offence.
e of ~ ~ o ~ Every ~ e proceeding ~ ~ in ~ the ~ Supreme s . Court in its
Criminal Jurisdiction shall be entitled “In the Supreme Court of Queensland.”
If the proceeding is taken in the Central Court or Northern Court,
the word “Ro~khampton” or “Townsville” shall be added, as the case
requires.
COMPLAINTS AND INDICTMENTS
I. Title. Every indictment shall be entitled “In the Supreme Court of
Queensland,” or, in the case of an indictment presented in a Circuit
Court, “Queensland: In the Circuit Court at B.,” or in the case of an
indictment presented in a District Court, “Queensland: In the
Court holden at B.”
ictments. The statement of the
offence in an indictment may be in such of the Forms in the Schedule
as is applicable to the case.
In the case of any offence in respect of which no form is given in
the Schedule, the statement shall be, as nearly as may be, in accordance
with the analogous Form in the Schedule; and, if there is no such Form,
it shall be suacient to state the offence in the words of the Code or other
Statute under which the indictment is presented.
3. ~om~~ain~, Similar Forms may be used in complaints before justices.
ORDER I11
PROCEEDINGS AT TRIAL ON INDICTMENT
1. ~ubse~~ent Pleadings to be Oral. At the trial of a person charged
upon an indictment all pleadings subsequent to the indictment may be
made orally; but the pleadings shall be reduced into writing so fan: as
may be necessary for the purposes of recording the proceedings at the
trial.
nges. Challenges, and pleas and demurrers to challenges, may be
made orally in the first instance, but the Court may require them to be
reduced into writing and handed to the proper officer by the party
making the same.