30.04.2013 Views

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

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

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

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

CRIMINAL CODE s.20 33<br />

before the date fixed pursuant to provision (a), such Court<br />

or justices may direct that the offender be called upon to<br />

appear at a nominated place, date and time and to receive<br />

sentence.<br />

When the offender is before the Court or justices to<br />

receive sentence, the Court or justices may have regard to<br />

whether the offender has taken or has caused to be taken<br />

the necessary steps referred to in provision (b) that are<br />

appropriate to the case.<br />

If the offeiider-<br />

(c) fails to appear at the place, date and time is<br />

which the matter of sentence was adjourned; or<br />

(d) where he has been called upon to appear at a<br />

date prior to the date to which the matter of<br />

sentence was adjourned, fah to appear at the<br />

place, date and time as called upon,<br />

the Court or justices or a Court or justices of like jurisdiction<br />

may forfeit the recognizance and issue a warrant directed to<br />

all police officers to arrest the offender and bring him before<br />

such Court or justices.<br />

(10) <strong>The</strong> Governor in Council with the concurrence of two or<br />

more justices of the Supreme Court, may by Order in Council<br />

from time to time make such rules of court as may be<br />

necessary to give effect to the objects and purposes of this<br />

section. Such rules of court may in particular provide<br />

for-<br />

(a) <strong>The</strong> prescribing of further terms and conditions in recog-<br />

nizanccs in addition to the terms and conditions therein<br />

as prescribed in subsections seven, eight, and nine of this<br />

section;<br />

(b) <strong>The</strong> mode of proof of convictions;<br />

(c) <strong>The</strong> means of proof of a breach of the terms and conditions<br />

of reco~izances;<br />

(d) <strong>The</strong> penalty and/or imprisonment for a breach of the<br />

terms and conditions of recognizances made under such<br />

rules and the mode of enforcement of such penalty or<br />

imprisonment,<br />

and the provisions of section eleven of <strong>The</strong> Supreme Court<br />

<strong>Act</strong> of 1921 shall, mutatis mutandis, apply and extend<br />

accordingly.<br />

As amended by Amendment <strong>Act</strong> of 1922, 13 Geo. 5 No. 2, s. 3; <strong>Act</strong> of 1943,<br />

7 Geo. 6 No. 14, s. 2; <strong>Act</strong> of 1948, 12 Geo. 6 No. 48, s. 4; <strong>Act</strong> of 1961, 10 Eliz.<br />

2 No. 11, 8. 3; <strong>Act</strong> of 1971, No. 41, s. 4; <strong>Act</strong> of 1975, Nu. 27, s. 3.<br />

Decimal currency reference substituted pursuant to section 7 of Decimal<br />

Currency <strong>Act</strong> of 1965.<br />

s. When a person who is convicted of an offence is undergoing,<br />

or has been sentenced to undergo, for another offence, a sentence involving<br />

deprivation of liberty, the punishment to be inflicted upon him for the<br />

first-menti~n~~ offence may be directed to take effect from the expiration<br />

of the deprivation of liberty for the last-mentioned offence.<br />

Except as aforesaid, a sentence of imprisonment, with or without<br />

hard labour, upon a conviction on indictment takes effect from the day

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!