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

CRIMINAL PRACTICE RULES OrderM: 257
670 of the Code, shall commence to run from and after the date of
conviction, and, in cases where notice of appeal or notice of application
for- leave to appeal is duly given within 14 days after such day, the
period of suspension of such order or of the operation of the sub-section
shall continue until the determination of the appeal.
14. ~ e ~ $ 0 ~ ~ ~ a ~ e
(a) The proper officer of the court of trial or the deputy of such officer
shall not issue, under any statutes authorising him so to do, a certificate
of conviction of any person convicted on indictment in such court for
the period of 14 days after the actual day on which such conviction took
place, nor in the event of such officer or deputy receiving information
from the registrar of the court within such 14 days, that a notice of
appeal or of application for leave to appeal has been given under the
Code, until the determination thereof.
~ ~ & (b) ~ o Where ~ . an
application is made to such officer or deputy to issue such certificate
of conviction, as in this Rule mentioned, after the expiration of the
said period of 14 days, he shall require, before issuing the same, to be
satisfied that there is no appeal then pending in the Court of Criminal
Appeal against such conviction. A person desirous of obtaining a certificate
of conviction from such officer or deputy shall be entitled to obtain
from the registrar a certificate in such form as the said registrar may
think right for the purpose of satisfying by the production thereof,
such officer or deputy that no appeal against such conviction is then
pending. After the expiration of two months from the date of the
conviction a certificate thereof may be issued by such officer or deputy
as heretofore, except in cases in which he has had notice of an appeal
still un~eter~ined.
REPORT OF JUDGE OF TRIAL
15. ge of court of tri (a> The registrar when he has
rece of appeal, or a tice of application for leave to
appeal under this Chapter, or a notice of application for extension of
time within which under this Chapter such notices shall be given, or
when the Crown Law Officer shall exercise his powers under section 672~
of the Code, or whenever it appears to be necessary for the proper determination
of any appeal or application, or for the due performance of
the duties of the Court of Criminal Appeal under the said section may
and, whenever in relation to any appeal under the Code the Court of
Criminal Appeal or any judge thereof directs him so to do, shall request
the judge of the court of trial to furnish him with a report in writing,
giving his opinion upon the case generally or upon any point arising
upon the case of the appellant.
ed to Court of ~ r i ~ i ~ ~ ~
be made to the Court of
Appeal, and except by leave of the court or a judge thereof the registrar
shall not furnish to any person any part thereof.
egiskar to furnish ju ge Of cow& of a ~ e ~ ~ ~ ~ s
for report.
When the registrar shall request the judge of the court of trial to furnish
a report under these Rules, he shall send to such judge of the court of
trial a copy of the notice of appeal or notice of application for leave