Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 67 Appeal—pardon[s 672A](2) The Court or a judge thereof may, upon application by or onbehalf of the Crown Law Officer, make such order for thedetention of the appellant or for granting bail to the appellantpending the hearing of an appeal to the High Court ofAustralia as the Court or a judge may think fit, and may at anytime vary or rescind such order.(3) On the application of any appellant deeming himself orherself wronged by any failure to diligently prosecute suchappeal, the Court or a judge thereof may order the immediateexecution of the original order of the Court quashing theconviction, and may order the appellant’s immediate release,and the Court may further, if it thinks fit, award the appellantsuch compensation as appears just.672A Pardoning power preservedNothing in sections 668 to 672 shall affect the pardoningpower of the Governor on behalf of Her Majesty, but theCrown Law Officer, on the consideration of any petition forthe exercise of the pardoning power having reference to theconviction of any person or to any sentence passed on aconvicted person, may—(a) refer the whole case to the Court, and the case shall beheard and determined by the Court as in the case of anappeal by a person convicted; or(b) if the Crown Law Officer desires the assistance of theCourt on any point arising in the case with a view to thedetermination of the petition, refer that point to theCourt for its opinion thereon, and the Court shallconsider the point so referred and furnish the CrownLaw Officer with its opinion thereon accordingly.675 Conditional remission of sentence by Governor(1) In any case in which the Governor is authorised, on behalf ofHer Majesty, to extend the Royal mercy to an offender undersentence of imprisonment, the Governor may extend mercyCurrent as at 1 December 2014 Page 445