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

CRIMINAL PRACTICE RULES OrderX 273
er in Error. Joinder in error shall be in the Form in the Schedule,
and shall be filed in the Registry by the Attorney-General, or such other
prosecutor as aforesaid, within eight days after service of the notice. A
copy of the joinder shall on the same day be served on the plaintiff in
error, or his solicitor if he proceeds by solicitor.
own for ~~~~~~~~, At any time after the filing of the joinder
in error the case may be set down for argument by either party. Notice
of setting down shall be given to the other party four clear days before
the day for which the case is set down, and copies of the record and
joinder shall be left at the Chambers of the Judges who are to sit on
the argument four days at least before such day.
gmmt. If judgment is given for affirming the judgment of the
Court below, the judgment shall, if necessary, direct that the plaintiff
in error be remanded to his former custody. If judgment is given for
reversing the judgment of the Court below, it shall direct that the plaintill'
in error be discharged from his custody under the judgment in question.
or, If a joinder in error is
in
ime, the plaintiff in error,
being personally present in Court, for which purpose he shall be brought
up by habeas corpus, if in custody, may, by himself or his counsel, move
the Court for an order nisi for judgment.
Upon the return of the order nisi the Court shall examine the record,
and if no sufficient cause is shown shall give judgment of reversal, or
such other judgment as ought to have been given in the Court below.
ent. In the case of the reversal or amendment
of a judgment of an inferior Court the Registrar shall certify the judgment
in error, under his hand and the seal of the Court, to the proper officer
of the inferior Court, who shall enter the same on the original record.
In every case of the reversal of a judgment, if the plaintiff in error
is in custody under the judgment, the Registrar shall transmit a certificate
of the judgment, under his hand and the seal of the Court, to the
superintendent of the prison who has the custody of the plaintiff in
error, and such certificate shall be a sufficient warrant for the discharge
of the plaintiff in error from custody under that judgment.
14, pags in Error. When a Memorandum of Appeal
in Error has been filed, or a Writ of Error has been issued, the Court
or a Judge may admit the plaintiff in error to bail on recognizance
or other security, with or without sureties, and in such sum as the Court
or Judge may think fit, conditioned to prosecute the proceedings in error
without delay, and to appear in person at the hearing of the case and
render himself in execution if the judgment be not reversed.
d. Every such recognizance or other security shall be
filed in the Registry, and the Registrar shall thereupon make out and
deliver a certificate sealed with the office seal that the same is duly filed;
which certificate shall be a sufficient warrant to the superintendent of the
prison having the custody of the plaintiff in error to discharge him out
of custody, and, in the case of a fine levied in execution of the judgment,
for the repayment thereof by any person who has in his possession the
whole or any part of the fine. Provided that no person who has received