Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 59 Jurisdiction—preliminary proceedings—bail[s 552J]552JAppeals against decision to decide charge summarily(1) This section applies if a person is summarily convicted orsentenced under section 552A, 552B or 552BA.(2) The grounds on which the person may appeal include that theMagistrates Court erred by deciding the conviction orsentence summarily.(3) The grounds on which the Attorney-General may appealagainst sentence include that the Magistrates Court erred bydeciding the sentence summarily.(4) On an appeal against sentence relying on a ground that theMagistrates Court erred by proceeding summarily, the courtdeciding the appeal may, if it decides to vary the sentence,impose the sentence the court considers appropriate up to themaximum sentence that could have been imposed if the matterhad been dealt with on indictment.Chapter 59Jurisdiction—preliminaryproceedings—bail553 JurisdictionThe jurisdiction of courts of justice with respect to the trial ofoffenders is set forth in the laws relating to the constitutionand jurisdiction of those courts respectively.554 Preliminary proceedings on charges of indictableoffencesThe practice and procedure relating to the examination andcommittal for trial of persons charged with indictable offencesare set forth in the laws relating to justices of the peace, theirpowers and authorities.Page 334 Current as at 1 December 2014