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

CRIMINAL PRACTICE RULES-FORMS
NO. 9.-CHALLENGE OF JUROR.
The said Attorney-General [or J.J.K. or A.B.] challenges O.P. a juror called
to try the said charge, and says that he is not fair and indifferent between Our
T,ady the Queen and the said A.B. [and C.D.] [or has no qualification (or is
disqualified to act as a juror] (or as the case may be).
NO. 10,-DEMURREE TO CEALLESGE.
And the said Attorney-General [or J.J.K. or A.B.] says that the said challenge
is bad in substance [wherefore he prays that the panel may be affirmled].
NO. Il.-PLEA TO CHALLENGE.
And the said Attorney-General [or J.J.K.. or AB.] denies the truth of the
matters alleged as cause of challenge [or says that Jset out matters relied on in
answer to the challenge)].
NO. 12.-AWARD OF JURY FOR TRIAL OF CHARGE.
Therefore let a jury immediately come to say upon their oaths whether the
said A.B. [and C.D.1 is [or are] guilty or not guilty of the offence so charged
against him [or them].
NO. 13.--AWARD OF JURY TO SAP WHETHER AN ACCUSED
PERSON IS IXSANE.
Code, Section 613.
And thereupon it is suggested to the Court’that the said A.B. is itlcapable of
uiiderstanding the proceedings at the trial of the said indictment [or information]
so as to be able to make a proper defence: Therefore let a jury immediately come
to say upon their oaths whether the said A.B. is so incapable or not.
NO. 14.--ENTRY OF NOLLE PROSEQUI.
And the said Attorney-General Lor J.J.K.] says that he will not further proceed
against the said A.B. upon the said indictment [or information].
SECTION VI.--pORMS OF ENTRIES OF \TFRDICT, JUDG~XENT, ETC.
NO. 1.--ENTRY OF VERDICT.
And a jury being called came, and upon their oath say that the said A.B. is
guilty of the said offence so charged against him [or is guilty of (state the lesser
offence if any of which the accused is convicted) ] [or is not guilty of the offence so
charged against him] [OF is not guilty of the offence so charged against him, because
they say that he was of unsound mind at the time when he did the acts (or made
the omission) alleged to constitute the sai4 alleged offence] [qr has been already
acquitted (or convicted) of the said offence] [or of an offence of which he might be.
convicted upon the said indictment (or information)] [or is riot of sound mind].
No. 2.-JUDGMENT ON VERDICT (IF NOT GUILTY OR AUTREFOIS
ACQUIT OR AUTREFOIS CONVICT OR ON DEMURRER ALLOWED
Therefore it is adjudged that the said A.B. do go free from the said ekiarge.
No. 3.-ORDER ON VERDICT OF NOT GUILTY ON ACCOUNT OF
INSANITY.
Therefore it is ordered that the said A.B. be kept in strict custody in Her
Majesty’s prison at B. (OF as the case may be) until Her Majesty’s pleasure shall
he known concerning him.
xo. &.-JUDGMENT ON PLEA OF VERDICT OF GUILTY.
And thereupon the said A.B., being asked if he has anything to say W?IJ
judgment should not be passed upon him, says nothing unless 8s he had before said:
Therefore it is adjudged that the said A.B. shall for his said offence be hanged by
the. neck until, he be dead [or be imprisoned (and kept to hard labour) in IIer
Majesty’s prison at B. for the space of twelve calendar months or do pay to ITer
Majesty a fine of $200 (or as the case may be)].
NO. 5.-JUDGMENT WHEN DEMURRER OVERRULED.
And upon argument and consideration of the matter the Court is of opinion
and doth adjudge that the said indictment [or information] is good in substarlee.
Whereupon the said’ A.B. says that (&e. QS in the Forms in preceding Section).
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