Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 60 Indictments[s 563]563 Nolle prosequi(1) A Crown Law Officer may inform any court, by writing underthe officer’s hand, that the Crown will not further proceedupon any indictment, or in relation to any charge contained inany indictment, then pending in the court.(2) A Crown prosecutor or a person appointed by the Governor inCouncil to present indictments in any court of criminaljurisdiction may inform that court, by signed writing, that theCrown will not further proceed upon any indictment, or inrelation to any charge contained in any indictment, thenpending in that court.(3) When such information is given to the court the accusedperson is to be discharged from any further proceedings uponthat indictment or charge.564 Form of indictment(1) An indictment is to be intituled with the name of the court inwhich it is presented, and must, subject to the provisionshereinafter contained, set forth the offence with which theaccused person is charged in such a manner, and with suchparticulars as to the alleged time and place of committing theoffence, and as to the person (if any) alleged to be aggrieved,and as to the property (if any) in question, as may benecessary to inform the accused person of the nature of thecharge.(2) If any circumstance of aggravation is intended to be reliedupon, it must be charged in the indictment.(2A) Despite subsection (2), a relevant circumstance of aggravationmay be relied on for the purposes of sentencing an offenderfor the offence charged in the indictment despite the relevantcircumstance of aggravation not being charged in theindictment for the offence.(3) It is sufficient to describe an offence in the words of this Codeor of the statute defining it.Page 340 Current as at 1 December 2014