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

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

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32 s.19 CRIMINAL CODE<br />

or without sureties, in such amount as the Court thinks fit.<br />

that he shall keep the peace and be of good behaviour for<br />

a time to be fixed by the Court, and may be ordered to be<br />

imprisoned until such recognizance, with sureties if so<br />

directed, is entered into: but so that the imprisoment for<br />

not entering into the recognizance shall not extend for a term<br />

longer than one year, and shall not, together with the fixed<br />

term of imprisonment, if any, extend for a term longer than<br />

the longest term for which he might be sentenced to be<br />

imprisoned without fine:<br />

(8) A person convicted of any offence upon summa^ conviction<br />

may, instead of being sentenced to any punish~ent to which<br />

he is liable, be discharged upon his entering into his own<br />

recognizances, with or without sureties, in such amount as<br />

the justices think fit, that he shall keep the peace and be of<br />

good behaviour for a term not exceeding one year;<br />

(9) When a person is convicted of any offence, the Court or<br />

Justices may, instead of passing sentence, discharge the<br />

offender upon his entering into his own recognizance, with<br />

or without sureties, in such sum as the Court or Justices may<br />

think fit, conditioned that he shall appear and receive judgment<br />

at some future sittings of the Court or when called<br />

upon within a period specified by the Court or Justices and,<br />

if the Court or Justices think fit, that he shall in the meantime<br />

keep the peace and be of good behaviour.<br />

(9~) when a person is convicted upon indictment or summarily<br />

of an offence relating to property and the Court thinks or<br />

the justices think the case to be one; appropriate for taking<br />

action under this subsection, the Court or justices-<br />

(a) may adjourn the matter of sentence of the offender to a<br />

place, date and time, being a date not more than six<br />

months after the date on which the offender is convicted;<br />

and<br />

(b) may discharge the offender upon his entering into his own<br />

recognizance, with or without sureties, in such sum as the<br />

Court thinks or the justices think fit conditioned that he<br />

shall appear and receive sentence at the place, date and<br />

time to which the matter of sentence has been adjourned,<br />

or when called upon prior to that date, with a view to the<br />

offender taking such steps as may be necessary-<br />

(i) to restore the property to which the offence relates to<br />

the person aggrieved by the offence;<br />

(ii) to reinstate that property to the satisfaction of the Court<br />

olr justices or the person aggrieved by the offence;<br />

(iii) to compensate the person aggrieved by the offence for<br />

the injury caused to his property; or<br />

(iv) to comply in all respects with any other order the Court<br />

or justices may make,<br />

as the case may require.<br />

If it is made to appear to the Court before which or the<br />

justices before whom the offender was convicted, or to a<br />

Court or justices of like jurisdiction, that the offender discharged<br />

~ursuant to provision (b) should be called upon to<br />

appear and receive sentence in respect of the relevant offence

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