Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 67 Appeal—pardon[s 671]provisions of section 26(1) of the Sale of Goods Act 1896 as tothe revesting of the property in stolen goods on conviction,shall (unless such court directs to the contrary in any case inwhich in its opinion the title to the property is not in dispute)be suspended—(a) until the expiration of the time provided for appealing tothe Court; and(b) where notice of appeal or of application for leave toappeal is given within the time provided, until thedetermination of the appeal or refusal of the applicationor, where the appeal is by the Attorney-General againstsentence within the time provided, until thedetermination of that appeal;and in cases where the operation of any such order or theoperation of the said provisions is suspended until thedetermination of the appeal, the order or provisions, as thecase may be, shall not take effect as to the property in questionif the conviction is quashed on appeal, except by the specialorder of the Court.(2) The Court may annul or vary any such order, although theconviction is not quashed.(3) Where any matter arises before the Court in relation to theoperation or suspension of the operation of any such order asaforesaid or the operation or suspension of the operation ofsuch provisions as aforesaid, the person in whose favour theorder is made or the person benefiting from the operation ofthe said provisions, as the case may be, may by himself,herself or the person’s counsel or solicitor appear before theCourt and there make submissions in connection with suchmatter.671 Time for appealing(1) Any person convicted desiring to appeal to the Court, or toobtain the leave of the Court to appeal from any conviction orsentence, shall give notice of appeal or notice of applicationCurrent as at 1 December 2014 Page 437