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

248 orders VI, VIA CRIMINAL PRACTICE RULES
ORDER VP
[As amended by Rules of Court of 14 August 1975 (Gaz. 16 August 1975,
p. 776).1
BAIL AND RECOGNIZANCES
. Applications for bail shall be made upon notice
served on the Crown Solicitor. A copy of the
depositions or other documents showing the cause of the custody of the
applicant shall be produced to the Court or Judge on the hearing of the
application.
2. ice 8 8s. When an order is made for the admission
to of a d for trial or in custody, a notice, specifying
the names, places of abode, and descriptions of the proposed sureties,
and of the time and place at which it is proposed that the recognizance
shall be taken, shall, unless the Court or Judge otherwise orders, be
given to the Crown Solicitor, and to the principal officer of police at the
place where the person in question is in custody, twenty-~o~~r hours at
least before the recognizance is taken.
3. . Every recognizance to appear and answer an
in or to attend and give evidence at a trial shall
contain a condition that the party bound shall personally attend from
day to day at the trial, and not depart until he is discharged by the
Court before which the trial is held.
~~~~~ to A ~ When ~ a person ~ bound ~ by ~ recogniz- *
Court fails in the conditions of the recognizance,
the Court, on production of the recognizance, and on the application of
counsel for the Crown, or other prosecutor, may order that the recognizance
be estreated forthwith.
r Cases. In other cases, applications to estreat recognizances shall
in the same manner in which applications to enforce a security
given in an action ired to be made.
6. ElilH nt d ail. When application is made to
a Court to enlarge a recognizance of bail by which an accused person or
a surety is bound, the recognizance shall be produced to the Court.
ORJ;)ER VIA
[Inserted by Rules of Court of 24 November 1902 (Gaz. 29 November 1902,
p. 12021.1
SUBPOENAS
I. om OF t. When an indictment or
inf ed in against any person for an
indictable offence, the Crown or the accused person may, by a writ of
subpena ad testificandum or subpena duces tecum to be issued in
accordance with the practice of the Court, require the attendance of any
person, or the production of any document, before the CQU& at the
eaak. When a person has
an indictable offence,
the Crown or the person so committed may obtain from thc Supreme
Court a writ of subpoena ad testificandum or a writ of subpoena duces
tecum, requiring the attendance of any person, or the production of any
document, before the Court at the sittings for which the camittal is
made, although an indictment bas not been presented against such person.
3. s Of vvrriits of $111 @nit. Writs of subpena shall be in tbe
appropriate Form in tke Schedule with such variations as circumstances
may require.