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

CRIMINAL PRACTICE RULES OrderIX 269
Court of Criminal Appeal: Provided that, where an appellant is in
custody, and has obtained leave or is entitled to be present at the
hearing and determination of his application or appeal, the registrar
shall notify the appellant, the superintendent of the prison in which the
appellant then is, and the Comptroller-General of Prisons, of the
probable day on which his appeal or application will be heard. The
Comptroller-General of Prisons shall take steps to transfer the appellant
to a prison convenient for his appearance before the Court of Criminal
Appeal, at such a reasonable time before the hearing as shall enable
him to consult his legal adviser, if any.
APPEALS BY THE CROWN FROM DECISIONS OF COURT OF CRIMINAL
APPEAL UNDER SECTION 672
ce 0% order to s 92 (I). When the
court makes an order under sub-section 1 of section 672 of the Code
directing that execution of the order quashing the conviction of the
appellant shall be stayed, the registrar shall forthwith cause notice thereof
and the terms of any order as to the detention of the appellant, or his
return to his former custody, or for liberating him on bail as may have
been made under that section to be given to the appellant Form XLIV.
of Part IX. of the Schedule hereto, the superintendent of the prison in
which the prisoner is then detained, and to the Comptroller-General of
Prisons.
(b) Ndce of
When the Court of Criminal Appeal or a judge thereof makes an order
under sub-section 2 of section 672 of the Code on the application of the
Crown Law Officer for the detention of the appellant, or for liberating
m on bail or recognizance pending the hearing of an appeal to the
igh Court of Australia, the registrar shall forthwith cause notice of
such order and the terms thereof to be given to the appellant Form XLV.
of Part IX. of the Schedule hereto, to the superintendent of the prison
in which the prisoner is then or has been previously confined, and to the
Comptroller-General of Prisons, and shall at the same time, by writing,
inform the appellant that if he deems himself wronged by any failure
to prosecute diligently such appeal he may apply to the court or a judge
for an order for the immediate execution of the original order of the
court quashing the conviction, and for his immediate release and the
payment of such compensation. as the court thinks fit to award.
(2). If the appellan een discharged
from his former custody, the Court of Criminal Appeal may at the
time of making the order for his detention under sub-section 2 of
section 672 of the Code or at any later time issue a warrant in the Form
XXV. of Part IX. of the Schedule hereto for his apprehension and
committal to prison.
(d) The recognizances provided for in this Rule shall be in the
Forms XVII. and XVIII. of Part IX. of the Schedule hereto.
(e) The registrar shall give one clear day’s notice to the Crown
Law Officer of any application by the appellant for an order for the
immediate execution of such original order or for his release or for an
award of compensation, and the Crown Law Officer shall be entitled to
be heard on such application before any such order is made.