CRIMINAL LAW - media. · PDF fileCRIMINAL LAW AMENDMENT ACT OF 1945, 9 Geo. 6 No. 11 PART I-PRELIMINARY 1. Short title 631 2. ... Probation Orders in Cases of Sexual Offences 632 18

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CRIMINAL LAW

Page PRELIMINARY NOTE 167

Codification of the Criminal Law 167 Analysis of the Criminal Code 168 Queensland Criminal Statutes Other than the Criminal Code 169 Commonwealth Criminal Legislation 169 Imperial Statutes in Force in Queensland .. 169

ADMIRALTY OFFENCES (COLONIAL) ACT, 1849, 12 & 13 Vic. c. 96 (Imperial)

1. Trial of Admiralty offences in Colonies 171 2. (Repealed.) 3. Provision, etc., where death in the colony, etc., follows from

injuries inflicted on the sea, etc. .. 172 4. Savings . . 172 5. Interpretation of " colony" and" Governor" 172 6. (Repealed.)

ADMIRALTY OFFENCES (COLONIAL) ACT, 1860, 23 & 24 Vic. c. 122 (Imperial)

1. Legislatures of possessions abroad may legislate for trial, etc., of offences committed in such possessions, where persons injured die out of the limits thereof 173

CATTLE STEALING PREVENTION ACT OF 1853, 17 Vic. No.3 1. (Repealed.) 2. Construction of terms 175 3. Restitution of stolen cattle may be awarded 175 4. Vendee who delivers cattle or pays back sum received may

recover from his vendor .. . . . . . . .. 176 5--8. (Repealed.) 9. Non-payment of penalty 177

10. Proceedings in a summary way 177 Want of form no certiorari .. 177 Informer a competent witness 177

11. (Repealed.)

COLONIAL PRISONERS REMOVAL ACT, 1869, 32 & 33 Vic. c. 10 (Imperial)

1. Short title 179 2. Definition of terms 179 3. (Repealed.) 4. Prisoners may be removed from one colony to another for

purposes of punishment 179 5. Removal of prisoners to be by warrant 180 6. Prisoner in legal custody during removal .. 180 7. Liability of prisoner in colony to which he is removed 180 8. (Repealed.)

COLONIAL PRISONERS REMOVAL ACT, 1884, 47 & 48 Vic. c. 31 (Imperial)

PRELIMINARY

1. Short title 181 PRISONERS REMOVAL

2. Removal of prisoners from British possessions in certain cases. . 181

3. Return of removed prisoner . . 182 4. Regulations as to removal 182 5. Removing authority .. . . 182 6. Evidence of Act of government of British possession or

Secretary of State .. 183 7. Warrant for removal of prisoner 183 8. Dealing with removed prisoner 183 9. Escape of prisoner from custody 184

146 CRIMINAL LAW Vol. 3

CRIMINAL LUNATICS Page

10. Application of Act to removal of criminal lunatics 184 MISCELLANEOUS

11. Cost of removal 185 12. Power of legislature of British possession to pass laws

for carrying Act into effect 185 13. Power as to making and revocation of Orders in Council 185 14. Application of Act to Channel Islands and Isle of Man .. 186 14A. Application of Act to British India 186 15. Application of Act to place under foreign jurisdiction Acts 186 16. Savings.. 186 17. Application of Act to existing prisoners and criminal

lunatics 187 18. Definitions 187

COUNTERFEIT CURRENCY (CONVENTION) ACT, 1935, 25 & 26 Geo. 5, c. 25 (Imperial)

1-2. (Not reprinted.) 3. (Subsections (1)-(3) repealed. Subsection (4) not

reprinted.) 4. Extradition for attempts to commit offences in connection

with counterfeit currency .. 189 5. (Not reprinted.) 6. Short title, citation, extent and commencement 189

SCHEDULE. Parts I, II (Repealed.) Part II[ (Not reprinted.)

COURTS (COLONIAL) JURISDICTION ACT, 1874,37 & 38 Vic. c. 27 (Imperial)

1. Short title 191 2. Definition of term" colony" 191 2A. Application to British India 191 3. At trials in any colonial courts by virtue of Imperial Acts,

courts empowered to pass sentences as if crimes had been committed in thc colony 191

CRIMINAL CODE ACT, 1899, 63 Vic. No.9 Preamble 194

1. Short title 194 2. Establishment of Code [Schedule I] 194 3. (1) Repeal: Schedule II 195

(2) Schedule III 195 (3) Schedule IV 195 Saving .. 195

4. Construction of Statutes, Statutory Rules, and other instruments .. 196

5. Provisions of Code exclusive with certain exceptions 197 6. Civil remedies .. 197

Saving .. 197 7. Offender may be prosecuted under Code or other Statute 198 8. Contempt of Court 198 9. (Repealed.)

10. General Rules. . 198

CRIMINAL CODE OF QUEENSLAND 199 FIRST SCHEDULE-

Tbe Criminal Code was originally enacted as a Schedule to" The Criminal Code Act, 1899".

In this Schedule tbe Criminal Code was preceded by an analysis of its provisions.

To avoid unnecessary duplication in this Reprint a separate analysis with page references is not included herein as a preliminary to the Criminal Code. This requirement is met by extending the analysis of the Criminal Code as originally enacted to embrace amendments up to date, and by including therein page references to this Reprint. See p. 199.

CRIMINAL LAW 147

SECOND SCHEDULE. Statutes Repealed THIRD SCHEDULE ..

Page 622 622 622 FOURTH SCHEDULE

CRIMINAL CODE AMENDMENT ACT OF 1922, 13 Geo. 5 No. 2 1. Short title and construction of Act ., 623 2. Abolition of capital punishment 623

CRIMINAL LAW AMENDMENT ACT, 1892,56 Vic. No.3 1. Short title 624 2. (Repealed.) 3. (Repealed.) 4. If prisoner does not require witnesses to attend, their

depositions may be put in at trial with any exhibits attached 624

[Schedule) 624 5-9. (Repealed.)

The Schedule 625

CRIMINAL LAW AMENDMENT ACT OF 1894, 58 Vic. No. 23 1. Short title 626 2. (Repealed.) 3-9. (Repealed.)

10. Confessions 626

CRIMINAL LAW AMENDMENT ACT OF 1945, 9 Geo. 6 No. 11 PART

I-PRELIMINARY 1. Short title 631 2. Parts of Act 631 2A. Meaning of terms "offence of a sexual nature" and

" assault of a sexual nature" 631

II-AMENDMENTS OF "THE CRIMINAL CODE" 3. Construction of Part II 631 4-13. (Not reprinted)

III-AMENDMENTS OF "THE JUSTICES ACTS, 1886 TO 1942" 14. Construction of Part III 632 15-16. (Not reprinted)

IV-INDETERMINATE DETENTION AND PROBATION OF OFFENDERS CONVICTED OF SEXUAL OFFENCES 17. Probation Orders in Cases of Sexual Offences 632 18. Detention of Persons Incapable of Controlling Sexual

Instincts 633

CRIMINAL PRACTICE RULES OF 1900 ORDER I. ApPLICATION OF CIVIL PRACTICE RULES: INTERPRETATION:

TITLE OF PROCEEDINGS

1. Application of Rules of Civil Procedure 637 2. Interpretation of Terms 637 3. Title of Proceedings .. 638

ORDER II. COMPLAINTS AND INDICTMENTS

1. Title 638 2. Form of Statement of Offences in Indictments 638 3. Complaints 638

ORDER III. PROCEEDINGS AT TRIAL ON INDICTMENT

1. Subsequent Pleadings to be Oral 638 2. Challenges 638

ORDER IV. INFORMATIONS BY PRIVATE PERSONS

1. Application for Leave 639 2. Charges against Judicial Officers 639 3. Prosecutor's Address for Service 639 4. Appearance 639 5. Plea 639 6. Service of Notices, etc., on Defendant 639


Page ORDER V. BENCH WARRANTS

1. Application for Bench Warrant 639 2. On Information by Leave 639

ORDER VI. BAIL AND RECOGNIZANCES

1. Application for Bail .. 639 2. Notice of Proposed Sureties . . 640 3. Form of Recognizance 640 4. Estreat of Recognizance to Attend 640 5. Other Cases 640

ORDER VIA. SUBPOENAS

1. Subpoenas after Information or Indictment 640 2. Subpoenas after Committal and before Indictment 640 3. Forms of Writs of Subpoena 640

ORDER VII. TRIAL AT BAR

1. To be Order by Full Court 641 2. Application how made 641 3. Terms may be Imposed 641 4. Jury 641 5. Copy Pleadings for Judges 641 6. Trial 641

ORDER VIII. JUDGMENTS

1. Entry of Findings of Fact 641 2. Certificate for Entry of Judgment 641 3. Calendar 641 4. Respite for Proceedings in Error 641

ORDER IX. 1. Interpretation .. 642 2. Forms .. 642 3. Sittings of the court 642 4. Reservation of points of law 643 5. Notices of Appeal 643

Notices of appeal to be signed by appellant and addressed to Registrar 643

Where appellant unable to write .. 644 Appellant's representative may act for him where

question of insanity involved 644 Notice, etc., on behalf of corporations 644

6. Shorthand Writers and Transcript of Notes 644 Shorthand note to be certified by the writer 644 Transcript to be furnished on application by Registrar .. 644 Party interested may obtain transcript from shorthand

writer 644 Definition of " party interested" .. 645 Transcript to be made by writer thereof or some other

person on Registrar's directions 645 Verification of transcript for use of Court of Appeal .. 645

7. Certificate of Judge of Trial .. 645 Judge's certificate, under Section 668D (b) 645 Judge's certificate may be given at trial without applica-

tion 645 8. Appeals where Fine only is Inflicted 645

Where fine imposed on conviction to be retained pending appeal 645

Person in custody in default of payment of fine, deemed to be person sentenced to imprisonment 645

Person fined may in certain cases intimate appeal, and not pay fine. Power of court of trial in such cases to impose recognizances . . 645

Fine to be repaid on success of appeal 646 How appellant committing breach of recognizance under

this Rule may be dealt with 646 9. Custody of Exhibits used at Trial 646

Directions as to custody of exhibits 646

CRIMINAL LAW

10. Order made at Trial. Consequential Orders and Suspension of same pending Appeal ..

Varying order of restitution of property. Persons affected may appear on appeal ..

11. Non-suspension of orders for restitution, etc., to be subject to property or a sample, etc., being necessary for purposes of appeal

12. Temporary suspension of orders made on conviction, as to money, rewards, costs, etc.

Judge's directions as to property of convicted person pending appeal

Suspension of disqualifications consequent on conviction Judge's directions as to securing payment of money by

convicted person pending appeal Suspension of order of destruction or forfeiture of

property Suspension of proceedings or claims consequent on

conviction .. 13. Period of suspension of orders under Section 670 .. 14. Certificate of conviction not to issue for 14 days after

conviction .. After 14 days from conviction proper officer to be

satisfied no appeal pending before issuing certificate of conviction ..

15. Report of Judge of Trial Report of Judge of Court of Trial

Judge's report to be furnished to Court of Criminal Appeal

16. Registrar to furnish Judge of Court of Trial with materials for report ..

17. Notices of Appeal and Period for Appealing; Abandonment of Appeals

Obligation on appellants to fill up forms notices and answer questions thereon ..

of appeal

18. Time for appealing against conviction to run from verdict 19. Time for appealing against sentence to run from pro

nouncement of sentence 20. Registrar to require proper officer of court of trial to

furnish him with particulars, etc., of trial Registrar to require proper officer of court of trial or

other person having the custody thereof to furnish him with depositions, indictments, pleas, etc., for use of Court of Appeal . . . .

21. Notice of application for leave to appeal 22. Abandonment of Appeal 23. Notice of application for extension of time for appealing 24. Proceedings before Judge or Appeal Court under Section

671L How application for leave to appeal and other pre

liminary applications are to be dealt with Procedure where Judge of Court of Appeal refuses

applications, under Section 671L Sittings of a Judge under Section 671L

25. Duties of Prosecutors . . . . Registrar's duties as to ascertaining respondent .. Prosecutor to afford all information, documents, etc., to

Registrar and Crown Law Officer . . . . . . 26. Court may at any stage substitute the Crown Law Officer

for a private prosecutor 27. Bail and Recognizances: Procedure on Application:

Rights of Sureties: Estreat of Recognizances .. Bail: Judge of the Trial or the Court of Criminal Appeal

to specify amount. Appellant's recognizances to be taken before a justice of the peace or superintendent of the prison: surety's recognizances before a justice of the peace

Appellant and superintendent to receive notice of terms of bail

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Page Police of district to assist justice of the peace in inquiring

as to surety's sufficiency .. 653 Appellant's and surety's recognizances to be forwarded

to Registrar: justice to give surety certificate of recognizances 653

Registrar on receiving recognizances in due form to notify superintendent of prison to release appellant .. 654

Form of recognizance 654 Presence of appellant on bail, at hearing of his appeal .. 654 Varying order for bail by Court of Criminal Appeal 654 Provisions for sureties discharging their obligations 654 How appellant on bail to be dealt with on arrest at

instance of sureties 654 Arrest and commitment of appellant to be notified to

registrar by clerk to petty sessional court 655 Power of Court of Appeal to revoke order for bail 655 Superintendent of prison on commitment of appellant to

notify Registrar 655 Sureties rights at common law preserved 655 Estreat of recognizances 655

28. Duty of police to inquire and report as to appellant's means, for purposes of this Chapter on request of Registrar 655

29. Warders, etc., to attend sittings of Court of Appeal 655 Appellant to surrender on appeal, be searched, and

remain in custody until further dealt with 655 30. Registrar on application of appellant or respondent, or

where he thinks necessary, to obtain documents, exhibits, etc., for purposes of appeal, and same to be open for inspection 656

Court of Criminal Appeal may order production of any document or exhibits, etc. 656

31. On final determination of appeals, etc., Registrar to notify appellant, Prison Superintendent, Comptroller· General of Prisons 656

On order for new trial Registrar to notify appellant, Prisons Superintendent, Comptroller-General of Prisons 656

In cases of death sentence, notice of appeal and of final determination to be sent to Crown Law Officer 656

32. Registrar to notify officer of court of trial result of appeal 657 Officer of court of trial to enter decision of court on

records 657 33. Registrar after appeal to return original depositions,

exhibits, indictment, etc., to officer of court of trial when received from him .. 657

34. New Trials 657 35. Legal Aid to Appellant 657 36. Copies of Documents for Use of Appellants . . .. 657

How appellant or respondent may obtain from Registrar copies of documents or exhibits 657

Counsel and solicitor assigned to appellant may receive copies of documents and exhibits free on his request .. 658

Transcript of shorthand notes not to be supplied free except on order of judge or court 658

Poor appellant not legally represented may obtain copy of documents or exhibits free 658

37. Procedure as to Witnesses before Court of Criminal Appeal, and their Examination before Examiner 658

Attendance of witness before Court of Criminal Appeal 658 Application to court to hear witnesses 658 Order appointing examiner 658 Registrar to furnish examiner with exhibits, etc., necessary

for examination 659 Notification of date of examination 659 Evidence to be given on oath 659 Deposition of witness, how to be taken 659 Travelling expenses of witnesses before examiner 659

CRIMINAL LAW

Service of notices and orders under Rule Presence of parties at examination of witnesses

38. Proceedings under Section 671B, subsection (d), on reference 39 Cause Lists

Register of appeals to be kept by the Registrar .. Registrar to keep general list of appeals .. List of cases for daily sittings of court. Notices to

appellants in custody 40. Appeals by the Crown from Decisions of Court of Criminal

Appeal under section 672 .. Notice of order to stay under Section 672 (I) .. Notice of order for detention and bail under Section

672 (2) Power of the court to order re-arrest on appeal by the

Crown Law Officer under Section 672 (2) 41. Payment of expenses under Section 671F .. 42. Miscellaneous provisions 43. Service of orders and notices 44. Notice by registrar to appellant of results of all applications 45. Non-compliance with Rules not wilful may be waived by

court .. 46. Enforcing duties under Rules 47. Warrants for arrest of appellants to be deemed to be

warrants issued under Justices Act of 1886 48. A petitioner under Section 672A, subsection (a), to be

deemed an appellant for all purposes 49. Reference to court under Section 672A (b) 50.

ORDER X. PROCEEDINGS IN ERROR

1. Error on Judgment of Supreme Court or Circuit Court 2. Record to be drawn up 3. Error on Judgment of Inferior Court 4. Return to Writ 5. Assignment of Error .. 6. How made 7. Transfer of Custody .. 8. Service: Notice to Join in Error 9. Joinder in Error

10. Setting down for Argument .. 11. Judgment 12. Proceedings in Default of Joinder in Error 13. Certificate of Judgment 14. Bail pending Proceedings in Error .. 15. Discharge on Bail 16. Default .. 17. Fine Repaid to be again Paid on Affirmance

ORDER XI. ARTICLES OF THE PEACE

1. Leave to File .. 2. Evidence 3. Form of Articles 4. Motion to Show Cause 5. Order for Security 6. Default in giving Security 7. Application to Circuit Court 8. Removal of Articles of the Peace from Circuit Court

ORDER XII. CERTIORARI TO INFERIOR COURTS

1. Title of Affidavits 2. Grounds for Removal 3. Security for Costs of Prosecution 4. Time and Notice 5. Objections to be Stated in Order 6. Service .. . . . . 7. Security for Costs on Certiorari to bring up Convictions or

Orders of Justices .. 8. Quashing Order in First Instance 9. When No Cause Shown

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152 CRIMINAL LAW

ORDER XIII. ApPEALS FROM JUSTICES

1. Title of Affidavits 2. Title of Proceedings .. 3. Grounds to be Stated 4. Service on Attorney-General 5. Special Case 6. Date of Appeal to be Noted 7. Setting Down ..

ORDER XIV. FORMS

1. Schedule of Forms 2. Use of Forms of Statements of Offences

THE SCHEDULE

FORMS

PART I-RELATING TO INDICTMENTS, INFORMATIONS, AND COMPLAINTS

Vol. 3

Page

668 669 669 669 669 669 669

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669

SECTION I.-FORMAL PARTS

A.-TITLES No. 1. In the Supreme Court 675 No.2. In a Circuit Court 675 No.3. In a District Court 675

B.-INTRODUCTORY PART

No. 1. Indictment 675 No.2. Information by Leave 675

SECTION n.-STATEMENT OF OFFENCES

A.-OFFENCES AGAINST PuBLIC ORDER

No. 1. Treason 675 No.2. Concealment of Treason 676 No.3. Treasonable Crimes .. 676 No.4. Inciting to Mutiny 676 No.5. Assisting Escape of Prisoners of War 677 No.6. Unlawful Oaths to Commit Capital Offences 677 No.7. Other unlawful Oaths to Commit Offences 677 No.8. Unlawful Drilling 678 No.9. Sedition 678 No. 10. Defamation of Foreign Princes 678 No. 11. Interference with Governor or Ministers 678 No. 12. Interference with the Legislature .. 679 No. 13. Disturbing the Legislature .. 679 No. 14. False Evidence before Parliament .. 679 No. 15. Witnesses Refusing to Attend and give Evidence Before

Parliament or Parliamentary Committee 679 No. 16. Member of Parliament receiving Bribes 679 No. 17. Bribery of Member of Parliament . . 680 No. 18. Unlawful Assembly .. 680 No. 19. Riot 680 No. 20. Rioters remaining after Proclamation ordering them to

Disperse 680 No. 21. Rioters Demolishing Buildings, etc. 681 No. 22. Rioters Injuring Buildings, Machinery, etc. 681 No. 23. Smuggling or Rescuing Goods under Arms 681 No. 24. Smuggling under Arms or in Disguise 682 No. 25. Going Armed so as to Cause Fear 682 No. 26. Forcible Entry 682 No. 27. Forcible Detainer 682 No. 28. Affray.. 682 No. 29. Challenge to Fight a Duel 682 No. 30. Prize Fight 682 No. 31. Threatening Violence 682 No. 32. Assembling for the purpose of Smuggling 682 No. 33. Unlawful Processions 683

CRIMINAL LAW

No. 34. Interfering with Political Liberty .. No. 35. Piracy on the High Seas No. 36. Other Piracies No. 37. Other Piratical Acts on board British Ships No. 38. Other Piratical Acts by British Subjects ., No. 39. Piracy with Violence Endangering Life No. 40. Attempted Piracy with Personal Violence No. 41. Aiding Pirates

B.-OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY

No. 42. Disclosure of Secrets relating to Defences by Public Officers

No. 43. Obtaining Disclosure of Secrets relating to Defences No. 44. Disclosure of other official Secrets No. 45. Official Corruption .. No. 46. Extortion by Public Officers No. 47. Public Officers interested in Contracts No. 48. Officers charged with Administration of Property of a

Special Character or with Special Duties No. 49. False Claims by Officials No. 50. Abuse of Office No. 51. Corruption of Surveyor and Valuator No. 52. False Certificates by Public Officers No. 53. Administering Extra Judicial Oaths No. 54. False Assumption of Authority No. 55. Personating Public Officers .. No. 56. Personation .. No. 57. Double Voting No. 58. Treating No. 59. Undue Influence No. 60. Bribery No. 61. Advancing Money for Purpose of Bribery No. 62. Bribery without Reference to a Pending Election No. 63. Illegal Practices No. 64. Other IJIegal Practices No. 65. Interference at Elections No. 66. Electors attempting to Violate Secrecy of Ballot No. 67. Other Attempts of Like Kind No. 68. Stuffing BalJot Boxes No. 69. Offences by Presiding Officers at Elections No. 70. False Ansvl"ers to Questions at Elections ., No. 71. Interfering with Secrecy at Elections No. 72. Breaking S, al of Packets used at Elections No. 73. Offences at Blections when Voting is by post No. 74. False Claims .. No. 75. Bargaining for Offices in Public Service .. No. 76. Judicial Corruption .. No. 77. Official Corruption, not Judicial, but relating to Offences No. 78. Corrupting or Threatening Jurors .. No. 79. Perjury-

(1) In proceedings before Justices (2) On a Criminal Trial " (3) Perjury in Civil Proceedings (4) Perjury in an Affidavit (5) Perjury upon Affirmation

No. 80. Fabricating Evidence No. 81. Corruption of Witnesses No. 82. Deceiving Witnesses .. No. 83. Destroying Evidence No. 84. Preventing Witnesses from Attending No. 85. Conspiracy to bring False Accusation No. 86. Conspiracy to Defeat Justice No. 87. Compounding Crimes No. 88. Compounding Penal Actions No. 89. Offering Reward for the Return of Stolen Property No. 90. Justices Acting Oppressively or when Interested .. No. 91. Delaying to take Person Arrested before Magistrate

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Page No. 92. Bringing Fictitious Action on Penal Statute 697 No. 93. Inserting Advertisement without Authority of Court 697 No. 94. Attempting to Pervert Justice 697 No. 95. Forcibly Rescuing Capital Offenders 697 No. 96. Aiding Prisoners to Escape 697 No. 97. Escape of Criminal Prisoner 697 No. 98. Permitting Escape .. 697 No. 99. Harbouring Escaped Prisoners 697 No. 100. Rescuing Insane persons 698 No. 101. Removing Property, etc., under Lawful Seizure 698 No. 102. Obstructing Officers of Courts of Justice 698 No. 103. Counterfeiting Gold or Silver Coin 698 No. 104. Preparation for Coining Gold or Silver Coin 698 No. 105. Clipping 699 No. 106. Possession of Clippings 699 No. 107. Uttering Counterfeit Gold or Silver Coin 699 No. 108. Repeated Uttering of Counterfeit Gold or Silver Coin,

or Possession of several such coins 699 No. 109. Uttering after Previous Convictions 699 No. 110. Counterfeiting Copper Coin 700 No. III. Uttering Base Copper Coin 700 No. 112. Defacing Coin by stamping Words Thereon 700 No. 113. Uttering Foreign Coin, Medals, etc., as Current Coin

With Intent to Defraud. . 700 No. 114. Exporting Counterfeit Coin 700 No. 115. Having Possession of more than Five Pieces of Counter-

feit Foreign Coin 700 No. 116. Stopping Mails 701 No. 117. Intercepting things sent by Post or Telegraph 701 No. 118. Tampering with things sent by Post or Telegraph 701 No. 119. Wilful Misdelivery of things sent by Post or Telegraph 701 No. 120. Obtaining Letters by False Pretences 701 No. 121. Secreting Letters, etc. 701 No. 122. Fraudulent Issue of Money Orders and Postal Notes 701 No. 123. Fraudulent Messages Respecting Money Orders 701 No. 124. Sending Dangerous or Obnoxious Things by post 702 No. 125. Interference with Telegraphs 702 No. 126. False Declaration as to execution of Sentence of Death 702 No. 127. False Statements in Statements required to be under

Oath or Solemn Declaration 702 No. 128. False Declarations and Statements 702 No. 129. Shooting at Customs Boats or Officers 702 No. 130. Resisting Officers engaged in Preventing Smuggling 703 No. 131. Resisting Customs Officers 703 No. 132. Resisting Public Officers 703 No. 133. Refusal by Public Officer to Perform Duty 703 No. 134. Neglect of Officers to Suppress Riot 703 No. 135. Neglect to Aid in Suppressing Riot 703 No. 136. Neglect to Aid in Arresting Offenders 703 No. 137. Disobedience to Statute Law 704 No. 138. Disobedience to Lawful Order issued by Statutory

Authority . . 704

C.-ACTS INJURIOUS TO THE PUBLIC IN GENERAL

No. 139. Offering Violence to Officiating Ministers of Religion 704 No. 140. Disturbing Religious Worship 704 No. 141. Unnatural Offences 704 No. 142. Attempt to Commit Unnatural Offences 704 No. 143. Indecent Treatment of Boys under Fourteen 705 No. 144. Indecent Practice between Males. . 705 No. 145. Defilement of Girls under Twelve 705 No. 146. Householder Permitting Defilement of Young Girls on

his Premises 705 No. 147. Attempt to Abuse Girls under Ten 705 No. 148. Defilement of Girls under Fourteen and idiots 705 No. 149. Indecent Treatment of Girls under Fourteen 705 No. 150. Procuration.. 705

CRIMINAL LAW 155

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No. 151. Procuring Defilement of Women by Threats, or Fraud, or Administering Drugs 706

No. 152. Abduction of Girl under Eighteen with intent to have Carnal Knowledge 706

No. 153. Unlawful Detention with Intent to Defile or in a Brothel 706 No. 154. Conspiracy to Defile 706 No. 155. Incest by Man 706 No. 156. Incest by Adult Females .. 706 No. 157. Attempts to Procure Abortion 706 No. 158. The Like of Women with Child 706 No. 159. Supplying Drugs or Instruments to Procure Abortion.. 707 No. 160. Indecent Acts 707 No. 161. Obscene Publications and Exhibitions 707 No. 162. Common Nuisances 707 No. 163. Bawdy Houses 707 No. 164. Gaming Houses 707 No. 165. Betting Houses 707 No. 166. Lotteries 708 No. 167. Misconduct with regard to Corpses 708 No. 168. False Information as to Health of Foreign ships 708 No. 169. Exposing for sale things unfit for Food 708 No. 170. Dealing in Diseased Meat. . 708 No. 171. Adulterating Liquor 708 No. 172. Adulteration of Beverages 709 No. 173. Frauds on Land Laws 709 No. 174. Dealing with Land Fraudulently Acquired from the

Crown 709 No. 175. Fraudulent Destruction or Removal of Goods liable to

D~ ~

D.-OFFENCES AGAINST THE PERSON AND RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES AND AGAINST THE REPUTATION OF INDIVIDUALS

No. 176. Wilful Murder 709 No. 177. Murder 709 No. 178. Manslaughter 709 No. 179. Attempt to Murder 710 No. 180. Accessory after the Fact to Murder 710 No. 181. Written Threats to Murder 710 No. 182. Conspiring to Murder 710 No. 183. Aiding Suicide 710 No. 184. Attempting to Commit Suicide 710 No. 185. Killing Unborn Child 710 No. 186. Concealing the Birth of Children 710 No. 187. Disabling in Order to Commit Indictable Offences 710 No. 188. Stupefying in order to Commit Indictable Offences 711 No. 189. Acts Intended to Cause Grievous Bodily Harm or

Prevent Apprehension .. 711 No. 190. Preventing Escape from Wreck 711 No. 191. Intentionally Endangering Safety of Persons travelling

by Railway 711 No. 192. Grievous Bodily Harm 712 No. 193. Attempting to Injure by Explosive Substances 712 No. 194. Maliciously Administering Poison with Intent to Harm 712 No. 195. Wounding and Similar Acts 712 No. 196. Failure to Supply Necessaries 712 No. 197. Endangering Life or Health of Apprentices or Servants 712 No. 198. Endangering Life of Children by Exposure 712 No. 199. Setting Mantraps 712 No. 200. Negligent Acts Causing Harm 713 No. 201. Endangering Safety of Persons Travelling by Railway.. 713 No. 202. Sending or Taking Unseaworthy Ships to Sea .. 713 No. 203. Endangering Steamships by Tampering with Machinery 713 No. 204. The Like by Engineers 713 No. 205. Evading Laws as to Equipment of Ships and Shipping

Dangerous Goods 713


Page No. 206. Landing Explosives 713 No. 207. Common Assault 714 No. 208. Assault with Intent to Commit Unnatural Offence 714 No. 209. Indecent Assault on Males 714 No. 210. Assault on Persons Protecting Wrecks 714 No. 211. Assault Occasioning Bodily Harm 714 No. 212. Serious Assaults 714 No. 213. Rape.. 715 No. 214. Attempt to Commit Rape. . 715 No. 215. Indecent Assaults on Females 715 No. 216. Abduction 715 No. 217. Abduction of Girl Under Sixteen 715 No. 218. Kidnapping.. 715 No. 219. Deprivation of Liberty 715 No. 220. False Certificates by Officers Charged with Duties

Relating to Liberty 715 No. 221. Concealment of Matters affecting Liberty 716 No. 222. Unlawful Custody of Insane Persons 716 No. 223. Threats 716 No. 224. Bigamy 716 No. 225. Unlawful Celebration of Marriage 716 No. 226. Unqualified Persons Procuring Registration as Persons

Qualified to Celebrate Marriages 717 No. 227. Child Stealing 717 No. 228. Desertion of Children 717 No. 229. Unlawful Publication of Defamatory Matter 717 No. 230. Defamation of Members of Parliament by Strangers 717

E.-OFFENCES RELATING TO PROPERlY AND CONTRACTS

No. 231. Stealing: General Form 718 No. 232. Stealing with Circumstances of Aggravation 718 No. 233. Concealing Registers 719 No. 234. Concealing Wills 719 No. 235. Concealing Deeds .. 719 No. 236. Killing Animals with Intent to Steal 719 No. 237. Severing with Intent to Steal 719 No. 238. Using Registered Brands with Criminal Intention 719 No. 239. Fraudulently Dealing with Minerals in Mines 719 No. 240. Bringing Stolen Goods into Queensland 719 No. 241. Fraudulent Disposition of Mortgaged Goods .. 719 No. 242. Fraudulent Appropriation of Power 720 No. 243. Robbery 720 No. 244. Attempted Robbery: Accompanied by Wounding or in

Company . . 720 No. 245. Assault with Intent to Steal 720 No. 246. Demanding Property with Menaces with Intent to Steal 720 No. 247. Demanding Property by Written Threats 720 No. 248. Attempts at Extortion by Threats 720 No. 249. Procuring Execution of Deeds, etc., by Threats. . 721 No. 250. Housebreaking: Burglary.. 721 No. 251. Entering Dwelling-house with Intent to commit Crime 721 No. 252. Breaking into Buildings and Committing Crime 721 No. 253. Breaking into Buildings with Intent to Commit Crime. . 721 No. 254. Persons found Armed, etc., with Intent to Commit Crime 721 No. 255. Obtaining Goods by False Pretences 722 No. 256. Obtaining Execution of a Security by False Pretences .. 722 No. 257. Cheating 722 No. 258. Conspiracy to Defraud 722 No. 259. Frauds on Sale of Mortgage of Property 723 No. 260. Pretending to Exercise Witchcraft or Tell Fortunes 723 No. 261. Receiving Stolen Property, etc. 723 No. 262. Taking Reward for Recovery of Property obtained

by means of Indictable Offences 723 No. 263. Trustees Fraudulently Disposing of Trust Property .. 723 No. 264. Directors and Officers of Corporations or Companies

Fraudulently Appropriating Property, or Keeping Fraudulent Accounts, or Falsifying Books or Accounts 724

No. 265. False Statements by Officials of Companies 724

CRIMINAL LAW

No. 266. Misappropriation by Members of Local Authorities No. 267. Fraudulent False Accounting No. 268. False Accounts by Public Officer .. No. 269. Unlawfully Using Cattle .. No. 270. Suspicion of Stealing Cattle No. 271. Illegal Branding No. 272. Defacing Brands No. 273. Unlawful Possession of Shipwrecked Goods No. 274. Offering Shipwrecked Goods for Sale No. 275. Unlawfully Dredging for Oysters No. 276. Unlawfully Taking Fish No. 277. Arson No. 278. Attempts to Commit Arson No. 279. Casting Away Ships No. 280. Attempts to Cast Away Ships No. 281. Obstructing and Injuring Railways No. 282. Injuring Animals No. 283. Malicious Injuries: General Form No. 284. The Like with Circumstances of Aggravation No. 285. Attempts to Destroy Property by Explosives No. 286. Attempts to Injure Mines .. No. 287. Interfering with Marine Signals .. No. 288. Interfering with Navigation Works No. 289. Communicating Infectious Diseases to Animals No. 290. Travelling with Infected Animals No. 291. Removing Boundary Marks No. 292. Obstructing Railways No. 293. Sending Letters Threatening to Bum or Destroy No. 294. Forgery No. 295. Uttering False Documents and Counterfeit Seals No. 296. Uttering Cancelled or Exhausted Documents No. 297. Uttering Cancelled Stamps No. 298. Procuring Execution of Documents by False Pretences No. 299. Obliterating Crossings on Cheques .. No. 300. Making Documents without Authority " No. 301. Demanding Property upon Forged Testamentary

Instruments No. 302. Purchasing Forged Bank Notes .. No. 303. False Certificate of Message Received by Telegraph .. No. 304. Falsifying Warrants for Money Payable under Public

Authority .. No. 305. Falsifications of Registers .. No. 306. Sending False Certificate of Marriage to Registrar .. No. 307. False Statements for the Purpose of Register of Births,

Deaths, and Marriages .. No. 308. Attempts to Procure Unauthorised Status No. 309. Counterfeiting Trade Marks No. 310. Circulating False Copies of Rules or Lists of Members

of Societies or Companies No. 311. Sending False Telegrams .. No. 312. Forgery of Seamen's Tickets or Documents under

Factories and Shops Act No. 313. Fraudulent Use of Adhesive Stamps No. 314. False Warranties or Labels relating to the Sale of Food No. 315. Instruments and Materials for Forgery No. 316. Counterfeit Stamps No. 317. Paper for Postal Purposes .. No. 318. Paper and Dies for Postage Stamps No. 319. Personation in General No. 320. Falsely Acknowledging Deeds, Recognizances, etc. No. 321. Personation of a Person Named in a Certificate No. 322. Lending Certificates for Personation No. 323. Absconding with Property in Contemplation of or

Immediately after Insolvency .. No. 324. Frauds by Insolvents No. 325. Other Frauds by Insolvents No. 326. Falsification of Books by Insolvents No. 327. Frauds by Insolvents in Course ofInsolvency Proceedings

157

Page

724 724 725 725 725 725 725 725 725 726 726 726 726 726 726 726 727 727 727 728 728 728 728 728 729 729 729 729 729 729 729 729 730 730 730

730 730 730

730 731 731

731 731 731

731 732

732 732 732 732 733 734 734 734 734 734 734

735 735 735 735 736


Page No. 328. Failure by Insolvents to Discover Property 736 No. 329. Failure to Keep Proper Books 736 No. 330. Concealing Documents 736 No. 331. Receiving Insolvent's Property with Intent to Defraud 736 No. 332. Making False Claim in Insolvency 736 No. 333. Concealing Property of Insolvents 737 No. 334. Fraudulent Dealing with Property by Debtors .. 737 No. 335. Concealment by Officers of Companies on Reduction of

Capital 737 No. 316. Falsification of Books of Companies 737 No. 337. Mixing Uncertified with Certified Articles 737 No. 338. Intimidation of Workmen and Employers 738

F.-PREPARATION TO COMMIT OFFENCES: CONSPIRACY: ACCESSORIES AFTER THE FACT

No. 339. Attempts to Commit Offences (General Form) . . 738 No. 340. Counselling or Procuring Commission of Offences 738 No. 341. Attempts to Procuring Commission of Criminal Acts.. 738 No. 342. Preparation to Commit Crime with Explosives . . 739 No. 343. Conspiring to Commit Crime or Misdemeanour 739 No. 344. Other Conspiracies. . 739 No. 345. Accessories after the Fact to Crimes, etc. 739

G.-OFFENCES PARTLY COMMITTED OUT OF QUEENSLAND

No. 346. When the Initial Element Occurs in Queensland 739 No. 347. When the Initial Element Occurs out of Queensland 740 No. 348. Offences Procured or Counselled by Persons out of

Queensland 740 No. 349. Offences Procured in Queensland to be Committed

out of Queensland 740 No. 350. Attempts to Procure Commission of Criminal Acts out of

Queensland 740

H.-OFFENCES AGAINST SOME IMPERIAL LAWS

No. 351. Enlistment in Service of Foreign State at War with Friendly State 740

No. 352. Leaving British Dominions to Serve Foreign State 741 No. 353. Embarking Persons under False Representations as to

Service 741 No. 354. Embarking Illegally Enlisted Persons 741 No. 355. lllegal Shipbuilding and Equipment 741 No. 356. Aiding Warlike Equipment of Foreign Ships 741 No. 357. Fitting out Naval or Military Expedition without

License 741 No. 358. Piracy by the Law of Nations 742 No. 359. Piracy with Attempted Murder 742 No. 360. Kidnapping .. 742

SECTION nL-PROCESS TO COMPEL ApPEARANCE

No. 1. Bench Warrant 743 No.2. Warrant of Commitment on Arrest on Bench Warrant.. 743 No.3. Bail 743

SECTION IY.-FoRMS OF PROCEEDINGS AT TRIAL

No. 1. Form of Arraignment 743 No.2. Statement to Prisoner of his Right of Challenge on

Plea of Not Guilty 743 No.3. Direction to Jurors to Take the Box 744 No.4. Form of Giving the Accused Person in Charge to the

Jury 744 No.5. Form for Addressing Convicted Person before Sentence 744

SECTION Y.-FORMS OF ENTRIES OF PLEAS, ETC.

No. 1. Demurrer to Indictment 744 No.2. Plea of Guilty 744 No.3. Plea of Not Guilty ., 744 No.4. Plea of Autrefois Acquit 744 No.5. Plea of Autrefois Convict 744

CRIMINAL LAW

No.6. Plea of Pardon No.7. Plea of Truth and Public Benefit on Charge of Defamation No.8. Challenge of Array .. No.9. Challenge of Juror .. No. 10. Demurrer to Challenge No. 11. Plea to Challenge No. 12. Award of Jury for Trial of Charge No. 13. Award of Jury to say Whether an Accused Person is

Insane No. 14. Entry of Nolle Prosequi

SECTION VI.-FORMS OF ENTRIES OF VERDICT, JUDGMENT, ETC.

159

Page 744 744 744 745 745 745 745

745 745

No. 1. Entry of Verdict . . . . . . . . . . .. 745 No.2. Judgment on Verdict of Not Guilty or Autrefois Acquit

or Autrefois Convict or on Demurrer Allowed 745 No.3. Order on Verdict of Not Guilty on Account of Insanity 745 No.4. Judgment on Plea of Verdict of Guilty 745 No.5. Judgment when Demurrer Overruled 745 No.6. Judgment on Motion in Arrest of Judgment 746 No.7. Order on finding that the Accused Person is Insane 746 No.8. Entry of Stay on Nolle Prosequi .. 746

SPECIAL FORMS PART II-INCIDENT TO INFORMATIONS BY PRIVATE

PERSONS No. 1. Notice to Judicial Officer of Application for Leave to

Present Information 746 No.2. Bond to Prosecute Information 746 No.3. Another Form of Security .. 746 No.4. Summons to Appear to Information (to be indorsed

on Office Copy for Service) 747 No.5. Notice of Prosecutor's Address to be indorsed on Infor-

mation by Private Persons 747 No.6. Affidavit of Service of Information 747 No.7. Record for Trial 747 No.8. Notice of Trial 747 No.9. Notice to Attend for Sentence 748 No. 10 Warrant to Arrest Accused Person who does not attend

to receive Sentence on Judgment by Default .. 748 No. 11. Affidavit of Service of Order and Registrar's Allocatur

and Demand and Non-Payment of Money to obtain Delivery of Bond or Judgment on Security 748

FORMS PART III-RELATING TO BAIL AND RECOGNIZANCES

No. 1. Recognizance to Answer Indictment or Information .. 749 No.2. Writ of Habeas Corpus to Bring up Prisoner to be Bailed 749 No.3. Summons to Admit to Bailon a Criminal Charge 749 No.4. Order to Admit Prisoner to Bail 749 No.5. Notice of Bail upon Order of Judge without Habeas

Corpus 749 No.6. Notice of Bail upon Habeas Corpus 750 No.7. Recognizance to Appear at Trial .. 750 No.8. Recognizance to Appear for Sentence 750 No. 8A. Recognizance to Appear for Judgment 750 No. 8B. Recognizance to be of Good Behaviour. . 750 No. 8c. Recognizance to Appear for Sentence 751 No.9. Notice to Defendant on Recognizance to Appear for

Sentence 751 No. 10 Recognizance on Suspension of Sentence .. 751

FORMS PART IV-RELATING TO PROCEEDINGS IN ERROR No. 1. Memorandum of Appeal in Error upon Judgment of

Supreme Court or Circuit Court 751 No.2. Record of Proceedings 751 No.3. Writ of Error to Inferior Court 752


Page No.4. Return to Writ of Error 752 No.5. Notice of Filing Record 752 No.6. Statement of Errors .. 752 No.7. Notice to Join in Error 753 No.8. Joinder in Error 753 No.9. Entry of Judgment of Affirmance on Writ of Error 753 No. 10. Entry of Reversal of Judgment on Writ of Error 753 No. 11. Entry of Judgment when no Joinder in Error is Filed 753 No. 12. Affidavit for Habeas Corpus to Assign Errors 753 No. 13. Recognizance to Prosecute Proceedings in Error. . 753

FORMS PART V-RELATING TO ARTICLES OF THE PEACE No.1. Affidavit in Support of Application for Leave to file

Articles 754 No.2. Order for Leave to File Articles 754 No.3. Articles of the Peace 754 No.4. Order for Security 754 No.5. Recognizance to Keep the Peace 755 No.6. Warrant of Committal in First Instance or in Default of

Security 755

FORMS PART VI-RELATING TO CERTIORARI TO INFERIOR

COURTS No. 1. Notice to Judge of District Court, or Justice, or other

Authority Exercising Jurisdiction in any other Inferior Court or Jurisdiction, of Application for Certiorari to Remove Judgment, Order, Conviction, or other Pro-ceeding pursuant to Order XII., Rule 4 . . 755

No.2. Affidavit of Service of Notice of Application for Certiorari for Judgment, Order, Conviction, or other Proceeding. . 755

No.3. Order for Certiorari. . 756 No.4. Recognizance for Costs on Removal of Indictment 756 No.5. Security to Prosecute Certiorari for Judgment, Order,

Conviction, or other Proceeding 756 No.6. Security by Recognizance in Like Case 756 No.7. Writ of Certiorari to Judge of District Court 756 No.8. Writ of Certiorari to Justices in Petty Sessions 757 No.9. Praecipe for Writ of Certiorari 757 No. 10. Return to Writ of Certiorari 757 No. 11. Memorandum Pursuant to Order XII., Rule 9, that

Security not required 757 No. 12. Writ of Supersedeas to Certiorari and Procedendo to

carry back indictment 757 No. 13. Praecipe for Writ of Supersedeas and Procedendo 758

FORMS PART VII-RELATING TO HABEAS CORPUS IN

CRIMINAL CASES No. 1. Affidavit to found Application for Writ of Habeas

Corpus to bring up a Person Under Commitment 758 No.2. Superintendent's Certificate of Copy of Commitment 758 No.3. Order for Writ of Habeas Corpus. . 758 No.4. Writ of Habeas Corpus ad Subjiciendum 758 No.5. Notice to be Served with Writ of Habeas Corpus ad

Subjiciendum 759 No.6. Notice of Having Obtained Writ of Habeas Corpus ad

Subjiciendum on an Informal or Illegal Commitment 759 No.7. Affidavit of Service of Writ of Habeas Corpus ad Sub-

jiciendum .. 759 No.8. Return to Writ of Habeas Corpus ad Subjiciendum 760 No.9. Affidavit of No Return to Writ of Habeas Corpus 760 No. to. Writ of Habeas Corpus to Deliver 760 No. 11. Writ of Habeas Corpus to Receive 760

6

CRIMINAL LAW 161

Page No. 12. Writ of Habeas Corpus to bring a Prisoner before Justices

to answer a charge 760 No. 13. Writ of Habeas Corpus to bring up a Prisoner to Plead

to an Indictment or Information, or for Trial, or to deliver Statement of Errors 761

FORMS PART VIII-RELATING TO APPEALS FROM JUSTICES No.1. Quashing Order 761 No.2. Application for Case to be Stated ., 761 No.3. Certificate of Refusal to State a Case 762 No.4. Recognizance on Appeal 762 No.5. Case stated by Justices 763 No.6. Notice of Appeal with Copy of Case Stated 763 No.7. Affidavit of Service of Notice of Appeal, etc. 764 No.8. Notice of Appeal to a Judge of the Supreme Court 764 No.9. Recognizance on Appeal to a Judge of the Supreme

Court 764 FORMS

PART IX-RELATING TO SUBPOENAS No.1. Subpoena ad Testificandum after Indictment or Information

presented 765 No.2. Subpoena Duces Tecum after Indictment or Information

presented 765 No.3. Subpoena ad Testificandum after Committal but before

Indictment .. 765 No.4. Subpoena Duces Tecum after Committal but before

Indictment .. 766 No.5. Praecipe for Subpoena 766

FORMS PART X-UNDER CRIMINAL APPEAL RULES

Form Form Form

Form

Form

Form Form

Form

Form

Form

Form

Form Form

Form

Form

Form

Form

Form

I. Judge's Certificate 766 II. Particulars of Trial 766

III. Notice of Appeal or Application for Leave to Appeal Against Conviction or Sentence 767

IV. Notice of Application for Extension of Time Within Which to Appeal 769

V. Notice of Application by Appellant for Bail Pending Appeal 769

VI. Notice of Abandonment. . 769 VII. Notification to Appellant of Judge's Decision

under Section 671 L 770 VIII. Notice of Application for Re-hearing by Court of

Criminal Appeal under Section 671 L 770 IX. Notification to Appellant of Result of Applica-

tion under Section 671L 771 X. Notification to Appellant of Result of his

Appeal .. 771 XI. Notice that Refusal of Single Judge has become

Final through Failure to Apply for Rehearing by Court of Criminal Appeal 771

XII. Oath for Shorthand writer 772 XIII. Declaration verifying Transcript of Shorthand

Notes 772 XIV. Recognizance of Bail of Appellant and Sureties

under Section 668B 772 XV. Recognizance of Bail of Appellant and Sureties

on New Trial under Section 669 773 XVI. Recognizance of Bail of Appellant and Sureties

under Section 671G 773 XVII. Recognizance of Bail of Appellant and Sureties

on Stay of Proceedings under Section 672, subsection (1) 774

XVIII. Recognizance of Bail of Appellant and Sureties on Further Appeal by the Crown Law Officer under Section 672, subsection (2) 774

162

Form

Form Form Form Form

Form Form

Form

Form

Form

Form

Form

Form

XIX.

XX. XXI.

XXII. XXIII.

XXIV. XXV.

XXVI.

XXVII.

XXVIII.

XXIX.

XXX.

XXXI.

Form XXXII. Form XXXIII. Form XXXIV. Form XXXV. Form XXXVI. Form XXXVII. Form XXXVIII. Form XXXiX. Form XL.

Form

Form

Form

Form

Form

Form

XLI.

XLII.

XLIII.

XLIV.

XLV.

XLVI.

CRIMINAL LAW Vol. 3

Page Notice to Superintendent to Release Appellant

on Bail 775 Certificate to Surety 775 Information of Surety for Arrest of Appellant.. 776 Warrant on Information of Surety 777 Commitment of Appellant on Surety's Informa-

tion 777 Warrant for Arrest of Appellant on Bail 778 Warrant for Re-arrest of Appellant on Appeal by

Crown Law Officer 778 Recognizance of Appellant sentenced to Pay-

ment of a Fine .. 778 Recognizance of Sureties for Appellants

Sentenced to Payment of a Fine 779 Notice to Appellant Sentenced (0 Fine, of

Breach of his Recognizance 780 Notice to Surety for Appellant of Estreat of

Recognizance 780 Caption for Deposition of Witness Examined

before Examiner 780 Order to Witness to Attend Court for Examina-

tion 781 Appellant's Application for Further Witnesses 781 Notice to Witness to Attend before Examiner.. 781 Registrar's Certificate of Expenses 782 Order by Single Judge Under Section 671 L 782 Order of Court under Section 671 L 782 Order Quashing Conviction 783 Order Quashing Sentence 783 Order Dismissing Appeal 783 Form of Order to Superintendent of Prison after

Dismissal of Appeal to Take Appellant on Bail into Custody 784

Notification to Crown Law Officer, Superintendent of Prison, and Comptroller-General of Prisons of Result of Application under Section 671 L 784

Notification to the Crown Law Officer, Superintendent of Prison, and Comptroller-General of Prisons of Result of Final Hearing of Appeal .. 785

Notification of Order Granting New Trial under Section 669 785

Notification to Appellant of Order Staying Execution of Order Quashing Conviction under Section 672 (I) .. 785

Notification to Appellant of Order for Detention or Liberation on Bail pending Appeal by the Crown Law Officer to High Court of Aust-ralia under Section 672 (2) 786

Form of Order to Superintendent of Prison where the High Court of Australia reverse the Order of the Court of Criminal Appeal Quashing a Conviction 786

EXTRADITION ACTS, 1870 TO 1935 (Imperial) 1. Short title 787 2. Where arrangement for surrender of criminals made,

Order in Council to apply Act 787 3. Restrictions on surrender of criminals 788 4. Provisions in arrangement for determination and surrender 789 5. Publication and effect of order 789 6. Liability of criminal to surrender 789 7. Order of Secretary of State for issue of warrant in United

Kingdom, etc. 790 8. Issue of warrant by police magistrate, justice, etc. . . 790 9. Hearing of case and evidence of political character of

crime 791

CRIMINAL LAW

10. Committal or discharge of prisoner 11. Surrender of fugitive to foreign state by warrant of

Secretary of State .. 12. Discharge of persons apprehended if not conveyed out of

United Kingdom within two months 13. Execution of warrant of police magistrate .. 14. Depositions to be evidence .. 15. Authentication of depositions and warrants

CRIMES COMMIlTED AT SEA 16. Jurisdiction as to crimes committed at sea

FUGmVE CRIMINALS IN BRITISH POSSESSIONS 17. Proceedings as to fugitive criminals in British possessions 18. Saving of laws of British possessions

GENERAL PROVISIONS 19. Criminal surrendered by foreign state not triable for

previous crime 20. As to use of forms in Second Schedule 21. Revocation, etc., of Order in Council 22. Application of Act in Channel Islands and Isle of Man .. 23. Saving for Indian treaties 24. Power of foreign state to obtain evidence in United

Kingdom 25. Foreign state includes dependencies 26. Interpretation ..

REPEAL OF ACTS 27. Repeal of Acts in Third Schedule

FIRST SCHEDULE-List of Crimes

SECOND SCHEDULE-

163

Page 792

793

794 794 794 794

795

796 797

797 797 797 798 798

798 798 798

799

800

Form of Order of Secretary of State to the Police Magistrate 801 Form of Warrant of Apprehension by Order of Secretary of

State 801 Form of Warrant of Apprehension without Order of Secretary

of State .. 801 Form of Warrant for Bringing Prisoner Before the Police

Magistrate 802 Form of Warrant of Committal 802 Form of Warrant of Secretary of State for Surrender of

Fugitive . . 802

THIRD SCHEDULE 803

EXTRADITION ACT, 1873, 36 & 37 Vic. c. 60 (Imperial) 1. Construction of Act and short title . . 804 2. (Spent of effect) 804 3. Liability of accessories to be surrendered .. 804 4. Extension of Section 14 of Principal Act to affirmations .. 804 5. Power of taking evidence in United Kingdom for foreign

criminal matters 804 6. Explanation of Section 16 of Principal Act 805 7. Explanation of diplomatic representative and consul 805 8. Addition to list of crimes in schedule 805

Schedule. List of Crimes 805

EXTRADITION ACT, 1906, 6 Edw. 7, c. 15 (Imperial) Preamble (Repealed.)

1. Addition of bribery to list of extradition crimes 807 2. Short title 807

EXTRADITION ACT, 1932, 22 & 23 Geo. 5, c. 39 (Imperial) 1. Amendment of 33 & 34 Vic. c. 52, Schedule I. 807 2. Short title and citation 807

FORGERY ACT OF 1833, 4 Will. 4 No.4 (Imperial) [This Act has not been reprinted. See 1936 Reprint, vol. 2, p. 991.]


Page FUGITIVE OFFENDERS ACT OF 1850, 14 Vic. No.7

Preamble 1. Apprehension of offenders 2. Committal of offender for removal .. 3. Committal by way of remand 4. Bail allowed 5. Copies of depositions 6. Judge's discharge of offenders 7. Application of Act 8. Definition of Australian colonies

809 809 810 810 811 811 811 811 811

FUGITIVE OFFENDERS ACT, 1881, 44 & 45 Vic. c. 69 (Imperial) 1. Short title 812

PART I-RETURN OF FUGITIVES

2. Liability of fugitive to be apprehended and returned 812 3. Endorsing of warrant for apprehension of fugitive 812 4. Provisional warrant for apprehension of fugitive .. 813 5. Dealing with fugitive when apprehended 813 6. Return of fugitive by warrant 814 7. Discharge of person apprehended if not returned within

one month .. 815 8. Sending back of persons apprehended if not prosecuted

within six months or acquitted 815 9. Offences to which this part of this Act applies 815

10. Powers of superior court to discharge fugitive when case frivolous or return unjust " 816

11. Power of Lord Lieutenant in Ireland 816

II-INTER-COLONIAL BACKING OF WARRANTS, AND OFFENCES

ApPLICATION OF PART OF ACT

12. Application of part of Act to group of British possessions 816 BACKING OF WARRANTS

13. Backing in one British possession of warrant issued in another of same group 817

14. Return of prisoner apprehended under backed warrant 817 15. Backing in one British possession of summons, etc., of

witness issued in another possession of same group 817 16. Provisional warrant in group of British possessions 818 17. Discharge of prisoner not returned within one month to

British possession of same group. . 818 18. Sending back of prisoner not prosecuted or acquitted to

British possession of same group. . 818 19. Refusal to return prisoner where offence too trivial 819

III-TRIAL, ETC., OF OFFENCES 20. Offences committed on boundary of two adjoining British

possessions .. 819 21. Offences committed on journey between two British

possessions .. 819 22. Trial of offence of false swearing or giving false evidence 820 23. Supplemental provision as to trial of person in any place.. 820 24. Issue of search warrant 820 25. Removal of prisoner by sea from one place to another 820

IV-SUPPLEMENTAL WARRANTS AND ESCAPE

26. Endorsement of warrant 821 27. Conveyance of fugitives and witnesses 821 28. Escape of prisoner from custody 821

EVIDENCE

29. Depositions to be evidence, and authentication of deposi-tions and warrants .. 822

CRIMINAL LAW 165

Page MISCELLANEOUS

30. Provision as to exercise of jurisdiction by magistrates 822 31. Power as to making and revocation of Orders in Council.. 823 32. Power of legislature of British possession to pass laws for

carrying into effect this Act 823 ApPLICATION OF ACT

33. Application of Act to offences at sea or triable in several parts of Her Majesty's dominions 824

34. Application of Act to convicts 824 35. Application of Act to removal of person triable in more

than one part of Her Majesty's dominions 824 36. Application of Act to foreign jurisdiction .. 825 37. Application of Act to, and execution of warrant in United

Kingdom, Channel Islands, and Isle of Man 825 38. Application of Act to pass offences 825

DEFINITIONS AND REPEAL

39. Definition of terms 825 4~ 8n 41. Repeal of Act in Schedule 827

SCHED ULE 827

FUGITIVE OFFENDERS (PROTECTED STATES) ACT, 1915,5 & 6 Geo. 5, c. 39 (Imperial)

1. Application of 44 & 45 Vic. c. 69, to protected states 828 2. Short title and construction ., 828

INFLUX OF CRIMINALS PREVENTION ACT OF 1905, 5 Edw. 7 No. 24 [This Act has not been reprinted. See 1936 Reprint, vol. 2, p. 1002.]

OFFENCES AT SEA ACT, 1806,46 Geo. 3, c. 54 (Imperial) [This Act has not been reprinted. See 1936 Reprint, vol. 2, p. 1007.]

PIRACY ACT, 1850, 13 & 14 Vic. c. 26 (Imperial) [This Act has not been reprinted. See 1936 Reprint, vol. 2, p. 1012.]

POOR PRISONERS' DEFENCE ACT OF 1907, 7 Edw. 7 No.4 1. Short title 829 2. Provision of legal aid . . 829 3. Appropriation.. 829 4. Rules 829

TERRITORIAL WATERS JURISDICTION ACT, 1878,41 & 42 Vic. c. 73 (Imperial)

1. Short title 830 2. Amendment of the law as to the jurisdiction of the Admiral 830 3. Restriction on institution of proceedings for punishment

of offence 830 4. Provisions as to procedure 831 5. Saving as to jurisdiction 831 6. Saving as to piracy 831 7. Definitions 831

RELATED LEGISLATION: Acts or omissions outside the Code-see inter alia-

Aboriginals Preservation and Protection Acts, 1939 to 1946, Part V., title ABORIGINALS, vol. 1, p. 7.

Children's Protection Acts, 1896 to 1945, title CHILDREN. Gaming Act of 1850,14 Vic. No.9, title GAMING. Police Acts, 1937 to 1963, title POLICE. Prisons Act of 1958,7 Eliz. 2 No. 64, title PRISONS. State Children Acts, 1911 to 1955, ss. 24, 25A, 26, title CHILDREN. Suppression of Gambling Acts, 1895 to 1956, title GAMING. Vagrants, Gaming and Other Offences Acts, 1931 to 1963, title

VAGRANTS. Administration of Property of Convicts-see Public Curator Acts, 1915 to

1957, Part IV, title TRUSTEES AND EXECUTORS.


Commonwealth law and administration-see Crimes Act, 1914--1960 (Commonwealth).

Criminal jurisdiction of the Supreme Court-see Australian Courts Act, 1828, 9 Geo. 4 c. 83, ss. 3, 4 (Imperial), title

CONSTITUTION, vol. 2, p. 691. Pacific Islanders Protection Act, 1872, s. 9 (Imperial), title P ACIFlC

ISLANDS. Supreme Court Act of 1867, S5. 24, 25, 30, 34, 35; the Supreme Court

Act of 1895, title SUPREME COURT. Disqualification from office or profession on conviction of offence-see

inter alia. Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers

Acts, 1922 to 1961, s. 31, title AUCTIONEERS, REAL ESTATE AGENTS, DEBT COLLECTORS AND MOTOR DEALERS.

Commonwealth of Australia Constitution Act, s. 44 (Imperial), title COMMONWEALTH AND STATES.

Dental Acts, 1902 to 1961, s. 16, title MEDICINE AND PHARMACY.

Elections Acts, 1915 to 1962, s. 11, title ELECTIONS; see also Commonwealth Electoral Act, 1918-1961, s. 39 (Commonwealth).

Jury Acts, 1929 to 1958, s. 7, title JURIES. Land Surveyors Acts, 1908 to 1916, s. 18, title SURVEYS. Legislative Assembly Acts, 1867 to 1946, s. 7, title CONSTITUTION. Liquor Acts, 1912 to 1961, s. 22, title LIQUOR. Local Government Acts, 1936 to 1963, s. 7, title LOCAL

AUTHORITIES. Medical Acts, 1939 to 1963, ss. 9, 37, title MEDICINE AND

PHARMACY. Nurses and Masseurs Registration Acts, 1928 to 1948, s. 13, title

MEDICINE AND PHARMACY. Pharmacy Acts, 1917 to 1959, s. 20, title MEDICINE AND

PHARMACY. Professional Engineers Act of 1929, s. 19, title ENGINEERS. Public Service Acts, 1922 to 1963, s. 28, title PUBLIC SERVICE. Railway Acts, 1914 to 1963, s. 25, title RAILWAYS AND

TRAMWAYS. Veterinary Surgeons Acts, 1936 to 1946, s. 7, title VETERINARY

MEDICINE. District Courts-see District Courts Acts, 1958 to 1963, title DISTRICT

COURTS. Imperial Acts relating to criminal law-see titles, ENLISTMENT and

JURISDICTION. Justices of the Peace-see

Acts Interpretation Acts, 1954 to 1962, s. 36, title ACTS OF PARLIAMENT, vol. 1, p. 82.

Justices Acts, 1886 to 1963, title JUSTICES. Law of evidence-see title EVIDENCE. Offences punishable by magistrate-see Justices Acts, 1886 to 1963, title

JUSTICES. Torres Strait Islands-see Queensland Coast Islands Act of 1879 (Imperial),

title CONSTITUTION, vol. 2, p. 717.