Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 62 Trial—adjournment—pleas— practice[s 605]without any further form, deemed to have demanded that theissues raised by such plea or pleas shall be tried by a jury, andis entitled to have them tried accordingly.(2) Issues raised by a plea of autrefois acquit or autrefois convictmust be tried by the court.605 Demurrer(1) When an accused person demurs only and does not plead anyplea, the court is to proceed to hear and determine the matterforthwith.(2) If the demurrer is overruled, the accused person is to be calledupon to plead to the indictment.(3) When an accused person pleads and demurs together, it is inthe discretion of the court whether the plea or demurrer shallbe first disposed of.(4) No joinder in demurrer is necessary.613 Want of understanding of accused person(1) If, when the accused person is called upon to plead to theindictment, it appears to be uncertain, for any reason, whetherthe person is capable of understanding the proceedings at thetrial, so as to be able to make a proper defence, a jury of 12persons, to be chosen from the panel of jurors, are to beempanelled forthwith, who are to be sworn to find whether theperson is so capable or no.(2) If the jury find that the accused person is capable ofunderstanding the proceedings, the trial is to proceed as inother cases.(3) If the jury find that the person is not so capable they are to saywhether the person is so found by them for the reason that theaccused person is of unsound mind or for some other reasonwhich they shall specify, and the finding is to be recorded, andthe court may order the accused person to be discharged, ormay order the person to be kept in custody in such place andCurrent as at 1 December 2014 Page 405