Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 62 Trial—adjournment—pleas— practice[s 590AAA]an affidavit, or give evidence in court, explaining andjustifying the failure to comply.(2) If the court requires the directed person to file an affidavit, acopy of the affidavit must be served on the person for whosebenefit the direction was given (the affected person).(3) An order under subsection (1) may be made—(a) on the court’s own initiative; or(b) on the application of the affected person.(4) If the court is not satisfied the directed person’s affidavit orevidence satisfactorily explains and justifies thenoncompliance, the court may—(a) adjourn the proceeding to allow enough time for—(i) the directed person to comply with the direction;and(ii) the affected person to consider anything disclosedunder the direction and take any necessary furtheraction; and(b) if the court is satisfied that the noncompliance wasunjustified, unreasonable or deliberate—make, inrelation to the adjournment, an award in favour of theaffected person of an amount of costs the courtconsiders just and reasonable; and(c) if an award of costs is made under paragraph (b)—fix atime for the amount to be paid.(5) This section does not limit the court’s power otherwise to dealwith a failure to comply with a direction, including, forexample, any power in the court to punish for contempt.(6) The directed person is not excused from failing to file anaffidavit or give evidence under this section on the ground thatan affidavit or evidence explaining and justifying a failure tocomply with the direction given under section 590AA(2)(ba)might tend to incriminate the directed person because thePage 362 Current as at 1 December 2014