Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 64 Verdict—judgment[s 646]646 Discharge of persons acquittedIf the jury find that the accused person is not guilty, or giveany other verdict which shows that the person is not liable topunishment, the person is entitled to be discharged from thecharge of which the person is so acquitted.647 Acquittal on ground of insanity(1) However, if, on the trial of a person charged with anyindictable offence, it is alleged or appears that the person wasnot of sound mind at the time when the act or omissionalleged to constitute the offence occurred, the jury are to berequired to find specially, if they find that the person is notguilty, whether the person was of unsound mind at the timewhen such act or omission took place, and to say whether theperson is acquitted by them on account of such unsoundnessof mind; and if they find that the person was of unsound mindat the time when such act or omission took place, and say thatthe person is acquitted by them on account of suchunsoundness of mind, the court is required to order the personto be kept in strict custody, in such place and in such manneras the court thinks fit, until the person is dealt with pursuant tothe Mental Health Act 2000.(2) In any such case the Governor, in the name of Her Majesty,may give such order for the safe custody of such personduring the Governor’s pleasure, in such place of confinement,and in such manner, as the Governor in Council may think fit.648 Convicted person to be called on to show causeWhen an accused person pleads that the person is guilty ofany offence, and when, upon trial, an accused person isconvicted of any offence, the proper officer is required to askthe person whether the person has anything to say whysentence should not be passed upon the person, but anomission to do so does not invalidate the judgment.Current as at 1 December 2014 Page 423