Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 62 Trial—adjournment—pleas— practice[s 596]596 Motion to quash indictment(1) The accused person may before pleading apply to the court toquash the indictment on the ground that it is calculated toprejudice or embarrass the person in the person’s defence tothe charge, or that it is formally defective.(2) Upon such motion the court may quash the indictment, or mayorder it to be amended in such manner as the court thinks just,or may refuse the motion.597 MisnomerIf the accused person says that the person is wrongly named inthe indictment, the court may, on being satisfied by affidavitor otherwise of the error, order the indictment to be amended.Chapter division 8Separate trials597A Separate trials where 2 or more charges against the sameperson(1) Where before a trial or at any time during a trial the court is ofopinion that the accused person may be prejudiced orembarrassed in the person’s defence by reason of the person’sbeing charged with more than 1 offence in the sameindictment or that for any other reason it is desirable to directthat the person should be tried separately for any 1 or morethan 1 offence charged in an indictment the court may order aseparate trial of any count or counts in the indictment.(1AA) In considering potential prejudice, embarrassment or otherreason for ordering separate trials under this provision inrelation to alleged offences of a sexual nature, the court mustnot have regard to the possibility that similar fact evidence,the probative value of which outweighs its potentiallyprejudicial effect, may be the result of collusion or suggestion.(1A) The court may discharge a jury sworn from giving a verdicton the count or counts directed to be tried separately.Current as at 1 December 2014 Page 399