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

CRIMINAL PRACTICE RULES OrderXin: 275
stion to S~QW Cause. At any time after the Articles have been filed
the complainant may apply to the Court for an order calling on the
accused person to show cause why he should not give security to keep the
peace towards the complainant or such other person as aforesaid,
A copy of the Articles and of the confirmatory afidavits, if any, shall
be served with the order nisi.
rder for Security, On the return of the order nisi the accused person
read affidavits in answer to the Articles, and may be heard by himself
or by counsel upon them or upon the Articles.
If sufficient cause is not shown to the satisfaction of the Court, the
Court rnay order him to give security by recognizance or in such other
manner as the Court may think fit, with or without sureties, and in
such sum as the Court may think fit, conditioned that he will keep the
peace towards the complainant, or other person for whose benefit the
complaint is made, for such period as the Court may direct, and may
commit him to a Queen’s Prison until the security is given.
efadt in ~ i Security. ~ If i a person ~ ordered ~ to give security fails to
within the time prescribed by the order, the Court or a Judge may
order that he be committed to a Queen’s Prison until the security is given.
7. ti^^ to ~ ~ ~ c C ~ Articles i t of the Peace may be filed in a
Circuit Court by leave of th ge of that Court. The foregoing provisions
of this Order shall apply to Articles so filed.
8. ~ e of Articles ~ of ~ the eace v from ~ Circuit ~ Court. Articles of the
Peace filed in a Circuit Court and orders made thereon may be removed
into the Supreme Court at the instance of either the complainant or the
defendant, for which purpose it shall not be necessary to obtain a writ
of certiorari, but the Court or a Judge rnay direct that the proceedings in
the Circuit Court shall be filed of record in the Supreme Court; and thereupon
the order, if any, rnay be enforced in the same manner as if it had
been made by the Supreme Court, or may be quashed.
The affidavits intended to be used on the application for an order
to file the proceedings in the Supreme Court shall be entitled “In the
matter of Articles of the Peace filed in the Circuit Court at B. by A.B.
against C .D. ”
ORDER XI1
CERTIORARI TO INFERIOR COURTS
wits. Afidavits intended to be used on an application
for a writ of certiorari to remove an indictment from a District Court or
other Inferior Court into the Supreme Court shall be entitled: “In the
Supreme Court of Queensland, and In the matter of an indictment
presented in the District Court at B. (or other Court, naming it)
against C.D.”
2. ~ r Q ~ ~
for R Val, A writ of certiorari for the removal of an
indictment from a District Court or other Inferior Court into the Supreme
Court shall not be granted, except on the application of a Crown Law
Officer acting on behalf of the Crown, either at the instance of the
prosecutor or oE the accused person, unless it is made to appear to the