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

CRIMINAL PRACTICE RULES Order XI11 277
Order in First Instance. When cause is shown against an
order nisi for a writ of certiorari to remove a conviction or order of
justices, the Court, if it directs the writ to issue, may by the same order
direct that the conviction or order shall be quashed on return without
further order; and in such case no security need be given as required by
the last preceding Rule, and a memorandum to that effect shall be
indorsed upon the writ by the officer by whom it is issued.
In any such case the conviction or order shall be quashed, upon
being returned to the Court, without further order.
. When cause is not shown against an order
nisi for a writ of certiorari to bring up a conviction or order of justices,
or when the order is absolute in the first instance, the applicant may apply
to the Court or a Judge for an order to quash the conviction or order.
Such application shall be made upon notice to the parties interested in
supporting the conviction or order.
ORDER XICII
APPEALS FROM JUSTICES
As amended by Rules of Court of 12 May, 1949 (Gazette 14 May 1949,
p. 1920).
wits, Affidavits intended to be used upon an application
for a quashing order under the two hundred and ninth section of The
Justices Act of 1886 or for an order to review under the two hundred
and ninth section of The Justices Acts, 1886 to 1949, shall be entitled
“In the Supreme Court of Queensland,” without any other title.
s. The order nisi and all subsequent proceedings
shall be further entitled “A.B. v. C.D.,” giving the name of the cause or
matter before the Justices, followed by the words “ex parte C.D.,” giving
the name of the appellant.
3. Grounds to
by the appellant.
ted. The order nisi shall state the grounds relied on
~ ~ ~ ~ - When ~ e the ~ appeal e ~ is a from ~ a . conviction,
the order nisi must be served upon the Attorney-General as well as upon
the complainant and justices.
B Case. When an appeal from justices is made by way of special
case, the appellant shall with the case transmit to the Registrar an aadavit
stating that the notice of appeal, together with the copy of the special
case, has been duly served on the other or respondent party.
ate of Appeal to be N~te . The Registrar shall note upon the case,
when received by him, the day when it was so received, and, if it was
transmitted to him by post, the day on which it purports to have been
posted.
7, et^^^ Down. The appellant must, within seven days after the case
is received by the Registrar, set the same down for hearing. If he fails to
do so, the respondent may set it down for hearing.