Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 71 Miscellaneous provisions[s 697](5) However, the accused must not be released from custody if theaccused is otherwise lawfully detained.697 Court may direct certain persons to be prosecuted forperjury(1) If it appears to any court that any person has been guilty ofperjury in any testimony given before it, the court maycommit the person to take the person’s trial for such perjurybefore any court of competent jurisdiction in the same manneras if the person had been charged before a justice with thesame perjury, and sufficient evidence had been given againstthe person.(2) A person so committed may be granted bail in the samemanner as if the person had been committed for trial by ajustice.(3) The court may order that any person be given a notice toappear and give evidence at the trial of a person so directed tobe prosecuted.(4) In this section—court includes any person before whom a writ of inquiry isexecuted, but does not include a Magistrates Court.699 Staying prosecution for publication of parliamentarypaper(1) A person prosecuted on a charge of the unlawful publicationof defamatory matter which is contained in any paperpublished by the person, or by the person’s servant, by orderor under the authority of the Legislative Assembly, may, atany stage of the proceedings, apply to the Supreme Court or ajudge thereof or to the court in which the proceedings arepending, for an order staying the prosecution, first giving 24hours notice of intention so to do to the prosecutor; and uponproduction to the court or judge of a certificate under the handof the Speaker of the Legislative Assembly or clerk of theParliament stating that the paper in respect of which theCurrent as at 1 December 2014 Page 465