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Criminal Code Act 1899 - Queensland Legislation

Criminal Code Act 1899 - Queensland Legislation

Criminal Code Act 1899 - Queensland Legislation

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Schedule 1 The <strong>Criminal</strong> <strong>Code</strong>Part 8 ProcedureChapter 60 Indictments[s 561](c)as soon as practicable after the indictment is presented,the proper officer of the court at the other place musttransfer the indictment to the court at the place of trial.561 Ex officio indictments(1) A Crown Law Officer may sign and present an indictment inany court of criminal jurisdiction against any person for anyindictable offence, whether the accused person has beencommitted for trial or not.(2) A Crown prosecutor or a person appointed by the Governor inCouncil to sign and present indictments in any court ofcriminal jurisdiction may sign and present an indictment inthat court against any person for any indictable offence withinthe jurisdiction of the court, whether the accused person hasbeen committed for trial or not and against any person for anindictable offence who with the person’s prior consent hasbeen committed for trial or for sentence for an offence beforethat court.(3) Also, if an indictment is signed by a person authorised to signthe indictment under this section, a DPP presenter maypresent the indictment to the court stated in the indictment.562 Arrest of person charged in ex officio indictmentWhen an indictment has been presented against a person whois not in custody, and has not been committed for trial or heldto bail to attend to be tried upon the charge set forth in theindictment, or who does not appear to be tried upon the chargeset forth in the indictment, a judge of the court in which theindictment is presented may issue a warrant under the judge’shand to arrest the accused person and bring the person beforea justice of the peace; and the justice before whom the personis brought may commit the person to prison until the personcan be tried on the indictment, or may, in a proper case, grantbail.Current as at 1 December 2014 Page 339

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