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

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

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CRIMINAL PRACTICE RULES Order= 263<br />

offences before such court are ordinarily committed. <strong>The</strong> superintendent<br />

of such prison shall, unless such prison was the prison from which the<br />

appellant was released on bail under these Rules, notify the Comptroller-<br />

General of Prisons of such commitment, as in this Rule mentioned.<br />

Where the appellant is by such court of petty sessions committed<br />

to a prison which was not the prison from which he was released on<br />

bail after his conviction, the Comptroller-General of Prisons, subject<br />

to any order of the Court of <strong>Criminal</strong> Appeal, may transfer him to the<br />

prison from which he was so released.<br />

eat ~~~~t to be Dotifie<br />

1 CQ ) <strong>The</strong> clerk of the<br />

petty sessions on the commitment of any such appellant, shall forthwith<br />

notify the registrar to that effect, and forward to him the said information<br />

and the depositions in verification thereof taken before such court of<br />

petty sessions together with a copy of the said warrant of commitment.<br />

Bower of C5mt of ped to revoke order for bail. (n) At any<br />

time after an appellant been released on bail under this Chapter,<br />

the Court of <strong>Criminal</strong> Appeal may, if satisfied that it is in the interests<br />

of justice so to do, revoke the order admitting him to bail, and issue a<br />

warrant in the Form XXIV. of Part IX. of the Schedule hereto for his<br />

apprehension, and order him to be committed to prison.<br />

s<br />

registrar. (0) w pellant has been released on bail and has,<br />

under a warrant under these Rules, or by his surety or sureties been<br />

apprehended, and is in prison, the superintendent thereof shall forthwith<br />

notify the registrar, who shall take steps to inform the court thereof, and<br />

the Court of <strong>Criminal</strong> Appeal may give to the registrar such directions as<br />

to the appeal or otherwise as they shall think right.<br />

Seareties r ~ at ~ 6ommo111 ~ ~ law ~ reserved. s (p) Nothing in these<br />

Rules shall agect the lawful right of a surety to apprehend and surrender<br />

into custody the person for whose appearance he has become bound,<br />

and thereby to discharge himselil of his suretyship.<br />

Estreat of ~ ~ (9) <strong>The</strong> Court ~ of <strong>Criminal</strong> ~ Appeal may, ~ ~<br />

on any breach of the recognizances of the appellant, if it thinks right<br />

so to do, order such recognizances and those of his surety or sureties<br />

to be estreated.<br />

Court of petty sessions now Magistrates Court; see Justices <strong>Act</strong>s Amendment<br />

<strong>Act</strong> of 1964, s. 2 (4).<br />

28. (Repealed.)<br />

rs, etc., to attend sittings of Court of Appeal. (a) <strong>The</strong><br />

r-General of Prisons shall, on notice from the registrar, cause<br />

from time to time such sufficient number of male and female warders<br />

to attend the sittings of the Court of <strong>Criminal</strong> Appeal, as having regard<br />

to the list of appeals thereat he shall consider necessary.<br />

er on ~~~~~~~ be semched, and remain in<br />

with. (b) An appellant who is not in custody,<br />

shall, whenever his case is called on before the Court of <strong>Criminal</strong> Appeal,<br />

surrender himself to the warder or warders in attendance at such court,<br />

and thereupon shall be searched by them, and shall be deemed to be in<br />

their lawful custody until further released on bail or otherwise dealt<br />

with as the court shall direct.

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