Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 62 Trial—adjournment—pleas— practice[s 630]Chapter division 12Other provisions630 Procedure on charge of an offence committed afterprevious conviction(1) The proceedings upon an indictment for committing anoffence after a previous conviction or convictions are requiredto be as follows, that is to say—(a) the accused person is in the first instance to be calledupon to plead to so much only of the indictment ascharges the subsequent offence;(b) if the accused person pleads any plea which raises anissue to be tried by a jury, the jury are to be charged inthe first instance to inquire concerning the subsequentoffence only;(c) if the accused person pleads guilty, or if upon trial theaccused person is convicted of the subsequent offence,the person is then, and not before, to be asked whetherthe person had been previously convicted as alleged inthe indictment;(d) if the accused person answers that the person had beenso previously convicted, the court may proceed to passsentence upon the person accordingly;(e) if the accused person denies that the person had been sopreviously convicted, or will not answer directly to thequestion, the jury are then to be charged to inquireconcerning the previous conviction or convictions; andin that case it is not necessary that the jury should besworn afresh, but the oath already taken by them isdeemed to extend to such last mentioned inquiry.(2) However, if on the trial of a person charged with a subsequentoffence, the person offers evidence of the person’s goodcharacter, the Crown may, in answer thereto, and before anyverdict is given, offer evidence of the person’s conviction ofthe previous offence or offences, and in that case the jury arerequired to inquire concerning the previous conviction orCurrent as at 1 December 2014 Page 413