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

CRIMINAL PRACTICE RULES-FORMS
(e.) Being a British subject, shipped [or laded or received or put 01’ contracted
for the shipping (or lading or receiving or putting) on board of the ship Carl
certain money [or goods or articles], namely, (describe the thing generally), with
the intent that it [or they] should be employed [or knowing that it (or they)
would be employed] by British subjects in decoying natives (&c. as in (a)) [or in
carrying away (or &c.) natives (&c. as in (a)), or in shipping (or Bc.) natives
(&c. as in (d)) or in contracting (&c. as in (a)) or in fittiag out (or &c.) a ship
with intent (&c. as in (a))].
SECTION III.-PROCESS TO COMPEL APPEARANCE.
NO. 1.-BENCH WARRANT.
In the Supreme Court of Queensland
(or as the case may be)
The Queen [on the prosecution of Z.Y.]
against
A.B.
To the Sheriff of Queensland and to all Police Officers in the Colony of Queensland:
Whereas an indictment [or information] has been presented in this Court
against the abovenamed A.B. and the, said A.B. has not been committed for trial
or held to bail to attend [or does not appear]-to be tried upon the charges set
forth in the said indictment [or information]: These are therefore. to command
you forthwith the arrest the said A.B., and to bring him before some justice for
thep said colony to be dealt wit;h according to law.
Given under my hand at &e. this day of * 19 .
NO. 2.-WARRANT OF COM~ITMENT ON ARREST ON BENCH
WARRANT.
(See Justices Act, 3rd Schedule, Form No. 53, which follow, omitting reference
to certificate.)
NO. 3.-BAIL.
(See Part III., Form No. 1.)
SECTION IV.-FORMS OF PROCEEDINGS AT TRIAL.
NO. l.-FOIIM OF ARRAIGNMENT.
The Clerk of Arraigns is required to address the accuse& person as folious:--
A.B. [and C.D.] : You stand chhrged by that name [or those names I that you
on &c. at &c. (The Clerk of Arraigns is to state the charge in the indictment to
the accused person, u&g the second person plural instead of the third person,
and repeating the names of each accused person as to any thing alleged of him,
lo the exclusion of the other persons accused):
How say you, A.B., are you guilty or not guilty?
[How-say you, C.D., are you guilty or not guilty?]
NmE.-If the charge is of co~~mitting an offence after a previous conviction
or convictions, the accused person is to be arraigned in the first instance upon
so much only of the indictment as charges the subsequent offence (See Code,
section 630).
NO. 2.-STATEMENT TO PRISONER OF’ HIS RIGHT, OF CHALLENGE
ON PLEA OF NOT GUILTY.
If the acme& person says that he is not guilty, the Clerk of Arraigns is
required to address him as follows:-
A.B. [and C.D.1 These good men whom you will now hear called are the
jurors who are to decide between Our Lady the Queen and you upon your trid
[or (in a capital case) upon your life or death]: If, therefore, you wish to
challenge thqm, or any of them, you must do so as they come to be sworn, and
before they Ere sworn, and you shall bc heard.
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