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

CRIMINAL PRACTICE RULES qlrderl[% 271
44. Notice by registrar to appellant of results of all ~pp~ca~ons. When
the Court of Criminal Appeal has heard and dealt with any application
under this Chapter or these Rules the registrar shall, (unless it appears
to him unnecessary so to do) give to the appellant (if he is in custody and
has not been present at the hearing of such application) notice of the
decision of the Court of Criminal AppeaI in relation to the said
application.
45. ~on~co~p~i~ce with des not wilful may be waived by court,
Non-compliance on the part of an appellant with these Rules or with
any rule of practice for the time being in force under this Chapter shall
not prevent the further prosecution of his appeal if the Court of Criminal:
Appeal or a judge thereof consider that such non-compliance was not
wilful, and that the same may be waived or remedied by amendment or
otherwise. The Court of Criminal Appeal or a judge thereof may in
such manner as it or he thinks right, direct the appellant to remedy such
non-compliance, and thereupon the appeal shall proceed. The registrar
shall forthwith notify to the appellant any directions given by the court
or the judge thereof under this Rule, where the appellant was not present
at the time when such directions were given.
acing duties under des. The performance of any duty imposed
upon any person under this Chapter or these Rules may be enforced by
order of the Court of Criminal Appeal.
47. ~ ~ for wrest ~ of ~ ants n to be ~ deemed s to be w
issued under Justices Act of . Any warrant for the apprehension
of an appellant issued by the Court of Criminal Appeal shall be deemed
to be, for all purposes, a warrant issued by a justice of the peace for the
apprehension of a person charged with any indictable offence under the
provisions of The Justices Act of 1886.
section (a), to be
rown Law Officer e
his powers under section 672~, sub-section (a), of the Code and refers.
the whole case to the Court of Criminal Appeal, the petitioner whose
case is so dealt with shall be deemed to be for all the purposes of the
Code or these Rules a person who has obtained from the Court of'
Criniinal Appeal leave to appeal, and the Court of Criminal Appeal may
proceed to deal with his case accordingly.
48. Reference to court under sec~om 672~ (b). Where the Crown Law
Oficer refers a point to the Court of Criminal Appeal under section 672~,
sub-section (b), of the Code, such court shall, unless it otherwise
determines, consider such point in private.
54). Where a person desires to take any step in the proceedings under
this Chapter, and the manner or form of procedure is not prescribed,
such person may apply to a judge of the Court of Criminal Appeal for
directions, and any step taken in accordance with the directions then
given shall be deemed to be regular and sufficient.