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

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250 OrderIX CRIMINAL PRACTICE RULES<br />

to obtain the Attorney-General’s fiat for a writ of error, upon his entering<br />

into a recognizance with two sufficient sureties, in such amount as the<br />

Court may order, to render himself into custody or to prosecute his‘<br />

writ of error with effect.<br />

ORDER IX<br />

[Substituted by Rules of Court Qf 24 August 1914 (Gazette 29 August 1914,<br />

pp. 885-900) and as amended by Rules of Court of 7 October 1943 (Gazette 9<br />

October 1943, p. 1247); 11 March 1954 (Gazebte 13 March 1954, p. 977); 4 July<br />

1974 (Gazette 6 July 1974, p. 1388).]<br />

setation. In the construction of the Rules of this Order the<br />

provisions set forth in the <strong>Act</strong>s Shortening <strong>Act</strong>s and in sections one and<br />

six hundred and sixty-eight of the <strong>Criminal</strong> <strong>Code</strong> relating to the inter-<br />

pretation of terms shall apply; and, unless the context or subject-matter<br />

otherwise requires-<br />

<strong>The</strong> term “coroner” means the coroner or the justices or justice<br />

performing the duties of a coroner under the provisions of the Inquests<br />

on Fires <strong>Act</strong> of 1863 and <strong>The</strong> Inquests of Death <strong>Act</strong> of 1866.<br />

<strong>The</strong> term “conviction” includes the entry of a plea of guilty.<br />

<strong>The</strong> term “examiner” means the judge, officer of the court, justice,<br />

or other person appointed by the court under subsection (b) of section<br />

471~ of the <strong>Code</strong>.<br />

<strong>The</strong> term “exhibits” includes all books, papers, and documents and<br />

all other things used in evidence at the trial of an appellant, and any<br />

written statement handed in to the judge of the court by the appellant.<br />

<strong>The</strong> term “proper officer of the court of trial” means the officer or<br />

clerk of the court who has the custody of the records of the court of<br />

trial.<br />

<strong>The</strong> term “registrar” includes any person for the time being<br />

performing the duties of the registrar.<br />

<strong>The</strong> term “shorthand writer” means the person or persons appointed<br />

from time to time as such for the purposes set out in section 671~ of<br />

the <strong>Code</strong>.<br />

<strong>The</strong> term “this chapter” means Chapter LXVII of the <strong>Criminal</strong><br />

<strong>Code</strong>.<br />

FORMS<br />

2. <strong>The</strong> forms set out in Part IX of the Schedule hereto, or forms as<br />

near thereto as circumstances permit, shall be used in all cases to which<br />

such forms are applicable; but any variance therefrom, not being in<br />

matter of substance, shall not affect the validity of the proceedings.<br />

e court$ (a) <strong>The</strong> Court of <strong>Criminal</strong> Appeal shall sit on<br />

the days appointed throughout the year for the sittings of the Full Court,<br />

and on such other days as may be specially appointed from time to time,<br />

and, unless otherwise ordered, every appeal not being one referred to

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