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

262 OrderIX CRIMINAL PRACTICE RULES
after the appellant’s recognizance has been duly taken in pursuance of
this Rule, forward the same to the registrar. The justice of the peace
shall after the recognizances of a surety are taken give to him a certificate
in the Form XX. of Part IX. of the Schedule hereto, which such surety
shall sign, and retain.
d: form to piliotify snper-
The registrar on being
appellant and his surety or sureties
(if any) are in due form and in compliance with the order of the court
admitting the appellant to bail, shall send, in the Form XIX. of Part IX.
of the Schedule hereto, a notice to the superintendent of the prison in
which the appellant shall then be confined. This notice, when received
by the said superintendent, shall be a sufficient authority to him to
release the appellant from custody.
aame. (h) The recognizances provided for in this
orm XVI. of Part IX. of the Schedulc hereto.
Blnant on baa, at ~e~~~~~ of his appeal. (i) An
n admitted to bail under this Chapter shall be
personally present at each and every hearing of his appeal before the
Court of Criminal Appeal and at the final determination thereof. The
Court of Criminal Appeal may, in the event of such appellant not being
present at any hearing of his appeal, if they think right so to do, decline
to consider the appeal, and may proceed to summarily dismiss the same,
and may issue a warrant for the apprehension of the appellant in the
Form XXIV. of Part IX. of the Schedule hereto: Provided that the
Court of Criminal Appeal may consider the appeal in his absence, or
make such other order as they think right.
y CQlnkt Qf all Appeal. (j) When
an appellant is prescnt before the Court of Criminal Appeal, such court
may, on an application made by any person, or, if they think right so
to do, without any application, make any order admitting the appellant
to bail; or revoke or vary any such order previously made, or enlarge
from time to time the recognizance of the appellant or of his sureties,
or substitute any other surety for a surety previously bound, as they
think right.
s for sareties difx k ~ ~ ~ (k) ~ Where ~
the s sureties, for an app this Chapter, upon whose
recognizances such appellant has been released on bail by the Court of
Criminal Appeal, suspects that the said appellant is about to depart
out of the State of Queensland, or in any manner to fail to observe the
conditions of his recognizances on which he was so released, such surety
or sureties may lay an information before one of His Majesty’s justices
of the peace, in the Form XXI. of Part IX. of the Schedule hereto, and
such justice shall thereupon issue a warrant in the Form XXII. of
Part PX. of the Schedule hereto, for the apprehension of the said
appellant.
pellarat on bail! to be dealit with on arrest at instance of
sureties. (1) The said appellant shall, on being apprehended under
the said warrant, be brought before the court of petty sessions nearest
to the place of such arrest. The said court of petty sessions shall, on
verification of the said information by oath of the informant, by warrant
of commitment in the Form XXIII. of Part IX. of the Schedule hereto,
commit him to the prison to which persons charged with indictable:
a ~ ~