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

276 OrderXllP CRIMINAL PRACTICE RULES
Court or Judge by the party applying that a fair and impartial trial of
the case cannot be had in the Court below, or that some question of
law of more than usual difficulty and importance is likely to arise upon
the trial, or that a special jury is required for a satisfactory trial of
the cause.
3. Security for Costs of ros~c~~io~. A writ of certiorari for the removal
of an indictment from istrict Court or other Inferior Court into the
Supreme Court shall not be issued, except on the application of a Crown
Law Officer acting on behalf of the Crown, until the accused person at
whose instance it has been directed to issue has given security, by
recognizance, or in such other manner as the Court or Judge may
direct, with or without sureties, and in such sum as the Court or Judge may
think fit, conditioned that he will appear and plead in open Court to the
indictment, and proceed to trial at the next Criminal Sittings of the
Supreme Court at Brisbane or Rockhampton or Townsville forthwith, or
at the Sittings of such other Court, and at such time and place, as the
Supreme Court or a Judge may direct, and will personally attend from day
to day at the trial of the indictment, and not depart till he shall be
discharged by the Court, and that he will pay the costs of the prosecution
subsequent to the removal of the indictment, if he is convicted.
4. An order nisi for a writ of certiorari to remove a
j ud , order, or other proceeding, of a District Court,
other than an indictment presented therein, or a judgment, conviction,
order, or other proceeding of any other Inferior Court or Tribunal, or of
justices in a criminal cause, shall not be granted unless it is made within six
months after the date of such judgment, conviction, order, or other
proceeding, nor unless it is proved upon affidavit that the applicant has
given six days’ notice of the intended application to the District Court,
justice, or other person or persons by or before whom the judgment,
conviction, order, or other proceeding was made or taken, or to two
of them if more than one.
er. Any mistake or omission in any
, or other proceeding which is intended to be
relied upon as a ground for quashing such judgment, conviction, order, or
proceeding shall be stated in the order nisi; otherwise an objection on
account of such omission or mistake shall not be allowed,
emice. In the case of orders to show cause why a writ of certiorari
should not be issued addressed to justices in petty sessions, service of the
order on the clerk of petty sessions shall be sufficient.
Justices in petty sessions, clerk of petty sessions now Magistrates Court, cIerk
of the court; see Justices Acts Amendment Act of 1964, s. 2 (4).
ib fOlr CaSStS Qn ~ e to blriPIlg ~ 81 Convictions ~ or
i ~
Justices* A writ of certiorari to remove a judgment, conviction, or order,
of a District Court, or of any other Inferior Court or Tribunal, or of
justices, shall not be issued, except on the applica~on of a Crown Law
Oficer, until the applicant has given security in the sum of one hundred
dollars, conditioned to prosecute the writ with effect at his own cost without
delay, and to pay within ten days to the party in whose favour the
judgment, conviction, or order, was given or made, in the event of the
same being confirmed, such costs, if any, as the Court shall order.
Decimal currency reference substituted pursuant to section 7 of Decimal
Currency Act of 1965.
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