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

CRIMINAL PRACTICE RULES Orders HV, V 247
ORDER IV
INFORMATIONS BY PRIVATE PERSONS
~i~a~~on for Leave. Applications for leave to present an information
against any person for an indictable offence shall be made by motion
in open Court for an order calling on the accused person to show cause
why the leave should not be granted.
es a ~ ~ ~~~~s~~ ~ ~ § t (cem An Order Nisi shall not be granted
upon an application for leave to present an information against a judicial
officer for anything done in his capacity as such officer unless it is
proved upon affidavit that the applicant has, six days before making the
application, given to the person intended to be accused written notice of
his intention to make the application, setting forth a distinct statement
s€ the alleged offence. Such notice must be served on the person intended
to be accused either personally or by leaving it at his usual or last
known place of residence with some member of the household.
ss for Service. The copy information for service
shall have indorsed thereon a statement of a proper place, to be called
the prosecutor’s address for service, which shall be not more than one
mile from the Registry, where any proceedings in the cause may be left
for him.
earmce. An appearance to an information shall be in the like
form, and shall be entered in the same manner, as an appearance to a
writ of summons in an action; and notice of appearance shall be given
as in that case.
lea. If the defendant appears by solicitor, he may also plead by
solicitor.
The copy of the plea shall be delivered to the prosecutor at his
address for service.
eKviCe Of NlotkeS, ek, OHa efendant. A11 notices and other docu-
ments required to be served on the accused person may be served on
him at his address for service stated in his memorandum of appearance.
ORDER V
BENCH WARRANTS
arrant, An application for a warrant to
arrest a person against whom an indictment has been presented may be
made upon production to the Judge of the original indictment or an
office copy thereof, without other evidence.
2. ation by Leave. In the case of an information presented by
leave, such warrant shall not be granted, except by order of the Court
made at the time of giving leave, without evidence on oath showing that
the accused person is likely to abscond, or that for other reasons his
arrest is necessary in the interests of justice.