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

352 CRIMINAL PRACTICE RULES-CORMS
No. 3.--DIRECTLO?S TO JURORS TO TAKE THE BOX.
(Ey the Clerk of Arraigns.)
Gentlemen of the jury, answer to your names and take the box as you are
called.
No. 4.-FORM OF GIVING THE ACCUSED PERSON IN CEIARGE TO
THE JURY.
After the names of the jury who have been sworn are called and they have
answered, the Clerk of Arraigns is required to address them as follows:-
Gentlemen, A.B. [and C.D.1 stands [or stard] charged by that name [or
those names] that on &e. at &e. he [or they] (state the offence charged in the
words of the indictment): To this charge he says [or they say1 that he is [or
they are] not guilty: You are the jurors appointed according to law to say
whether he is [or they are] guilty or not guilty of the charge: It is your duty,
therefore, to hearken to the evidence, and to say whether he is [or they are1 guilty
or not guilty: Gentlemen, choose your foreman.
No. B.--FORM FOR ADDRESSING CONVICTED PERSON BEFORE
SENTENCE.
If the plea or verdict is (‘guilty,’, the Clerk: of Arraigns is required to address
the convicted person as follows :-
A.B., you have been convicted (in the case of a plea of guilty say on your
own c,onfession) of murder [or stealing or piracy or forgery (or as the case .may be,
describing tfie ofehce by the name by which it is commonly lmozon, or o-lherwise
s5 as to suficiently designate it): Have you anything to say why judgment (in
a capitul caSe say of death) should not be pronounced upon you according to law?
SECTION V.-FORMS OF ENTRIES OF PLEAS, ETC.
NO. 1.-DEMURRER TO ~NDICTMENT.
And the said A.B. says that the said indictment [or information] is bad in
substance on the grounds that (state a ground of demurrer), and on other grounds
suiEcient, in law to sustain this demurrer.
NO. 2.---PLEA OF GUILTY.
And the said A.B. says that he is guilty of the said offence.
NO. 3.--PLEA OF NOT GUILTY.
And the said A.B. says that he is not guilty of the said alleged offence.
No. 4.-PLEd OB AUTREFOIS ACQUIT.
And the said A.B. says that he has already, namely, on &e., at the Circuit
Court at Ipswich (or as the case may be), been lawfully acquitted of the said
offence [or of (state the offence of which he has already been acquitted, so as to
show that the acquittal is a bar to a prosecution on the present charge)].
NO. 5.-PLEA OF AUTREFOIS CONVICT.
And the said A.B. says that he has already, namely, on &e., at the Circuit
Court at Ipswich (or as the case may be) been convicted of the said offence [or of
(&e., as in preceding Form)].
NO. 6.-PLEA OF PARDON.
And the said AB. says that on &. our Lady tCe Queen [or the Governor of
Queensland, on behalf of our Lady the Queen,] granted him a free pardon for
the said offence.
NO. 7.-PLEA OF TRUTH AND PUBLIC BENEFIT ON CHARGE OF
DEFAMBTION.
And the said A.B. [further] says that thc said alleged defamatory matter is
true in substance and in fact, and that ib was for the public benefit that the
publication thereof now complained of should be made.
NO. 8,CHALLENGE OF ARRAY.
The said A.B. challenges the array of the jury panel, and says (state cause of
challenge): Wherefore he prays that the said panel may be quashed.