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

272 OsderX CRIMINAL PRACTICE RULES
OmER x
PROCEEDINGS IN ERROR
I* Error on Jud OK Circuit Court. A person
desiring to take proceedings in error under the provisions of section 26
of the Supreme Court Act of 1867, in respect of a judgment of the
Supreme Court, or of a Circuit Court, shall file in the Registry, at
Brisbane, a Memorandum of Appeal in Error, which shall be in the Form
in the Schedule or to the like effect.
Such memorandum shall not be filed without the fiat of a Crown
Law Qecer.
. Upon the filing of such memorandum a formal
record shall be drawn up and filed by the Registrar, setting forth the
conviction and judgment; and notice of such drawing up shall be given
to the party filing the memo rand^.
3. Error cm Jud men& of ~~~~~~~~ COWL A party desiring to take proceedings
in error under the provisions of section 26 of the Supreme
Court Act of 1867, in respect of a conviction and judgment of an
inferior Court, shall sue out a writ of error, which shall be in the Form
in the Schedule, or to the like effect. Such writ shall not be issued
without the fiat of a Crown Law Officer.
fa, Writ. The person to whom the writ is directed shall obey
the exigency thereof, and shall cause the writ, with a formal record of the
proceedipgs in the inferior Court annexed thereto, to be filed in the
Registry at Brisbane. Notice of such filing shall be given by the
Registrar to the party by whom the writ was sued out.
5, ~ § ~ of Emor. ~ ~ Within ~ eight ~ days ~ after n notice t of the drawing up
of the record or of the filing of the return to the writ of error, as the
case may be, the plaintiff in error shall make out in writing, and deliver
to the proper officer, a statement of the error which he alleges to be on
the face of the record.
w made. The statement may be delivered by the plaintiff in error
either in person or by solicitor. If he is in custody, and desirous to deliver
ihe statement in person, he shall be brought into Court for that purpose
upon a writ of habeas corpus.
In any other case the statement shall be filed at the Registry in
Brisbane.
7. ~ ~ a of ~ Custo § ~ y. e If the ~ plaintiff in error is in custody, and is
brought up and delivers his statement in person, the Court may direct
that he shall be transferred to a Queen’s Prison until the decision of the
Court is given upon the proceedings in error.
ice: Notice to J0in in Emor. A copy of the statement of errors
shall be served upon the Attorney-General, and upon the prosecutor in
the case of an information presented by leave of the Court, having
indorsed thereon a notice requiring him to file a joinder in error within
eight days.