Table Of Contents

Criminal Practice Rules 1900

Queensland Crest
CRIMINAL PRACTICE RULES 1900
Queensland Supreme Court of Queensland Act 1991 CRIMINAL PRACTICE RULES 1900 Reprinted as in force on 25 July 1996 (includes amendments up to SL No. 212 of 1995) Reprint No. 1A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint These rules are reprinted as at 25 July 1996. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.
Queensland CRIMINAL PRACTICE RULES 1900 TABLE OF PROVISIONS Rule Page RULES OF COURT ORDER 1—APPLICATION OF CIVIL PRACTICE RULES: INTERPRETATION: TITLE OF PROCEEDINGS 1 Application of rules of civil procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2 Interpretation of terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 Title of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ORDER 2—COMPLAINTS AND INDICTMENTS 1 Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2 Form of statement of offences in indictments . . . . . . . . . . . . . . . . . . . . . . . . 12 3 Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ORDER 3—PROCEEDINGS AT TRIAL ON INDICTMENT 1 Subsequent pleadings to be oral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2 Challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ORDER 4—INFORMATIONS BY PRIVATE PERSONS 1 Application for leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2 Charges against judicial officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3 Prosecutor’s address for service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 Plea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6 Service of notices etc. on defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ORDER 5—BENCH WARRANTS 1 Application for bench warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 On information by leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2 Criminal Practice Rules 1900 ORDER 6—BAIL AND RECOGNISANCES 1 Application for bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 Estreat of recognisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6 Enlargement of undertaking as to bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ORDER 6A—SUBPOENAS 1 Subpoenas after information or indictment . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2 Subpoenas after committal and before indictment . . . . . . . . . . . . . . . . . . . . 16 3 Forms of writs of subpoena . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4 Production of medical, hospital and government records . . . . . . . . . . . . . . . 16 5 Proper officer’s obligations in relation to produced record . . . . . . . . . . . . . . 17 6 Objection to inspection or copying of produced record . . . . . . . . . . . . . . . . 17 7 Crown’s obligation when record to be adduced in evidence . . . . . . . . . . . . 18 8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ORDER 6B—EVIDENCE 1 Evidence by telephone, video link or another form of communication . . . . 19 ORDER 7—TRIAL AT BAR 1 To be order by Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 2 Application how made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3 Terms may be imposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4 Jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5 Copy pleadings for judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6 Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ORDER 8—JUDGMENTS 1 Entry of findings of fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2 Certificate for entry of judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3 Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 4 Respite for proceedings in error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ORDER 9 1 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Forms 3 Sittings of the court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4 Reservation of points of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3 Criminal Practice Rules 1900 Notices of appeal 5 Notices of appeal to be signed by appellant and addressed to registrar . . . 24 Shorthand writers and transcript of notes Certificate of judge of trial 7 Judge’s certificate, under section 668D(b) . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Appeals where fine only is inflicted 8 Where fine imposed on conviction to be retained pending appeal . . . . . . . 27 Custody of exhibits used at trial 9 Directions as to custody of exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9A Inspection of exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Order made at trial—consequential orders and suspension of same pending appeal 10 Varying order of restitution of property—persons affected may appear on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 11 Non-suspension of orders for restitution etc. to be subject to property or a sample etc. being necessary for purposes of appeal . . . . . . . . 30 12 Temporary suspension of orders made on conviction, as to money, rewards, costs etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 13 Period of suspension of orders under section 670 . . . . . . . . . . . . . . . . . . . . . 32 14 Certificate of conviction not to issue for 14 days after conviction . . . . . . . 33 Report of judge of trial 15 Trial judge’s report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 16 Registrar to furnish judge of court of trial with materials for report . . . . . . 34 16A Publication of pre-sentence and psychiatric reports . . . . . . . . . . . . . . . . . . . 34 Notices of appeal and period for appealing; abandonment of appeal 17 Obligation on appellants to fill up forms of appeal notices and answer questions thereon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 18 Time for appealing against conviction to run from verdict . . . . . . . . . . . . . 35 19 Time for appealing against sentence to run from pronouncement of sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 19A Appeals against sentence and references by the Attorney-General . . . . . . . 36 20 Registrar to require proper officer of court of trial or other person having the custody thereof to furnish the registrar with depositions, indictments, pleas etc. for use of Court of Appeal . . . . . . . . . . . . . . . . . . . . 36
4 Criminal Practice Rules 1900 21 Notice of application for leave to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 22 Abandonment of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 23 Notice of application for extension of time for appealing . . . . . . . . . . . . . . 37 Proceedings before judge or Appeal Court under section 671L 24 How application for leave to appeal and other preliminary applications are to be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Duties of prosecutors 25 Registrar’s duties as to ascertaining respondent . . . . . . . . . . . . . . . . . . . . . . 39 26 Court may at any stage substitute the Crown law officer for a private prosecutor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Procedure on application 27 Presence of appellant on bail, at hearing of the appellant’s appeal . . . . . . 40 29 Warders etc. to attend sittings of Court of Appeal . . . . . . . . . . . . . . . . . . . . 41 30 Registrar on application of appellant or respondent, or where the registrar thinks necessary, to obtain documents, exhibits etc. for purposes of appeal, and same to be open for inspection . . . . . . . . . . . . . . . 41 Notifying result of appeals 31 On final determination of appeals etc. registrar to notify appellant, prison superintendent, Corrective Services Commission . . . . . . 42 32 Registrar to notify officer of court of trial result of appeal . . . . . . . . . . . . . . 42 33 Registrar after appeal to return original depositions, exhibits, indictment etc. to officer of court of trial when received from officer . . . . 43 New trials Copies of documents for use of appellants 36 How appellant or respondent may obtain from registrar copies of documents, exhibits and transcripts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Procedure as to witnesses before Court of Appeal, and their examination before examiner 37 Attendance of witness before Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . 45 38 Proceedings under section 671B(1)(d) on reference . . . . . . . . . . . . . . . . . . 47 Cause lists 39 Register of appeals to be kept by the registrar . . . . . . . . . . . . . . . . . . . . . . . 47 Appeals by the Crown from decisions of Court of Appeal under section 672 40 Notice of order to stay under section 672(1) . . . . . . . . . . . . . . . . . . . . . . . . . 48
5 Criminal Practice Rules 1900 41 Payment of expenses under section 671F . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Miscellaneous provisions 43 Service of orders and notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 44 Notice by registrar to appellant of results of all applications . . . . . . . . . . . 51 45 Non-compliance with rules not wilful may be waived by court . . . . . . . . . . 51 46 Enforcing duties under rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 47 Warrants for arrest of appellants to be deemed to be warrants issued under Justices Act 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 48 A petitioner under section 672A(a), to be deemed an appellant for all purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 49 Reference to court under section 672A(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 ORDER 10—PROCEEDINGS IN ERROR 1 Error on judgment of Supreme Court or Circuit Court . . . . . . . . . . . . . . . . . 53 2 Record to be drawn up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 3 Error on judgment of inferior court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 4 Return to writ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 5 Assignment of error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 6 How made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 7 Transfer of custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 8 Service—notice to join in error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 9 Joinder in error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 10 Setting down for argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 11 Judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 12 Proceedings in default of joinder in error . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 13 Certificate of judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 14 Bail pending proceedings in error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 15 Certificate of registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 16 Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 17 Fine repaid to be again paid on affirmance . . . . . . . . . . . . . . . . . . . . . . . . . . 57 ORDER 11—ARTICLES OF THE PEACE 1 Leave to file . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 2 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 3 Form of articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
6 Criminal Practice Rules 1900 4 Motion to show cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 5 Order for security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 6 Default in giving security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 7 Application to Circuit Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 8 Removal of articles of the peace from Circuit Court . . . . . . . . . . . . . . . . . . 59 ORDER 12—CERTIORARI TO INFERIOR COURTS 1 Title of affidavits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 2 Grounds for removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 3 Security for costs of prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 4 Time and notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 5 Objections to be stated in order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 6 Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 7 Security for costs on certiorari to bring up convictions or orders of justices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 8 Quashing order in first instance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 9 When no cause shown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 ORDER 13—APPEALS FROM JUSTICES 1 Title of affidavits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 2 Title of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 3 Grounds to be stated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 4 Service on Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 6 Date of appeal to be noted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 7 Setting down . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 ORDER 14—FORMS 1 Schedule of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 2 Use of forms of statements of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 64 FORMS OF PROCEEDINGS INDEX OF FORMS UNDER CRIMINAL APPEAL RULES PART 1—FORMS RELATING TO INDICTMENTS, INFORMATIONS, AND COMPLAINTS SECTION 1—FORMAL PARTS A—TITLES
7 Criminal Practice Rules 1900 B—INTRODUCTORY PART SECTION 2—STATEMENT OF OFFENCES A—OFFENCES AGAINST PUBLIC ORDER 1—TREASON AND OTHER OFFENCES AGAINST THE SOVEREIGN’S PERSON AND AUTHORITY 2—SEDITION 3—OFFENCES AGAINST THE EXECUTIVE AND LEGISLATIVE POWER 4—UNLAWFUL ASSEMBLIES: BREACHES OF THE PEACE 5—OFFENCES AGAINST POLITICAL LIBERTY 6—PIRACY B—OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY 1—DISCLOSING OFFICIAL SECRETS 2—CORRUPTION AND ABUSE OF OFFICE 3—CORRUPT AND IMPROPER PRACTICES AT ELECTIONS 4—SELLING AND TRAFFICKING IN OFFICES 5—OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE 6—ESCAPES: OBSTRUCTING OFFICERS OF COURTS 7—OFFENCES RELATING TO THE COIN 8—OFFENCES RELATING TO POSTS AND TELEGRAPHS 9—MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY C—ACTS INJURIOUS TO THE PUBLIC IN GENERAL 1—OFFENCES RELATING TO RELIGIOUS WORSHIP 2—OFFENCES AGAINST MORALITY 3—NUISANCES: MISCONDUCT RELATING TO CORPSES 4—OFFENCES AGAINST PUBLIC HEALTH 5—MISCELLANEOUS OFFENCES D—OFFENCES AGAINST THE PERSON AND RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES AND AGAINST THE REPUTATION OF INDIVIDUALS 1—HOMICIDE: SUICIDE: CONCEALMENT OF BIRTH 2—OFFENCES ENDANGERING LIFE OR HEALTH
8 Criminal Practice Rules 1900 3—ASSAULTS 4—ASSAULTS ON FEMALES: ABDUCTION 5—OFFENCES AGAINST LIBERTY 6—OFFENCES RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES 7—DEFAMATION E—OFFENCES RELATING TO PROPERTY AND CONTRACTS 1—STEALING 2—OFFENCES ANALOGOUS TO STEALING 3—STEALING WITH VIOLENCE: EXTORTION BY THREATS 4—BURGLARY: HOUSEBREAKING: AND LIKE OFFENCES 5—OBTAINING PROPERTY BY FALSE PRETENCES: CHEATING 6—RECEIVING PROPERTY STOLEN OR FRAUDULENTLY OBTAINED AND LIKE OFFENCES 7—FRAUDS BY TRUSTEES AND OFFICERS OF COMPANIES AND CORPORATIONS: FALSE ACCOUNTING 8—OFFENCES ANALOGOUS TO STEALING PUNISHABLE ON SUMMARY CONVICTION 9—INJURIES TO PROPERTY 10—FORGERY AND LIKE OFFENCE 11—FORGERY AND LIKE OFFENCES PUNISHABLE ON SUMMARY CONVICTION 12—PREPARATION FOR FORGERY 13—PERSONATION 14—FRAUDULENT DEBTORS 15—OTHER OFFENCES F—PREPARATION TO COMMIT OFFENCES: CONSPIRACY: ACCESSORIES AFTER THE FACT 1—ATTEMPTS AND PREPARATIONS TO COMMIT OFFENCES 2—CONSPIRACY 3—ACCESSORIES AFTER THE FACT G—OFFENCES PARTLY COMMITTED OUT OF QUEENSLAND
9 Criminal Practice Rules 1900 GA—OFFENCES ON HIGH SEAS H—OFFENCES AGAINST SOME IMPERIAL LAWS 1—OFFENCES AGAINST FOREIGN ENLISTMENT ACT 2—PIRACY 3—OFFENCES AGAINST PACIFIC ISLANDERS’ PROTECTION ACT 1872 SECTION 3—PROCESS TO COMPEL APPEARANCE SECTION 4—FORMS OF PROCEEDINGS AT TRIAL SECTION 5—FORMS OF ENTRIES OF PLEAS ETC. SECTION 6—FORMS OF ENTRIES OF VERDICT, JUDGMENT ETC. SECTION 7—FORMS OF APPLICATIONS AND APPROVALS FOR EXAMINATION OF A PERSON IN CUSTODY PART 2—SPECIAL FORMS INCIDENT TO INFORMATIONS BY PRIVATE PERSONS PART 3—FORMS RELATING TO BAIL AND RECOGNISANCES PART 4—FORMS RELATING TO PROCEEDINGS IN ERROR PART 5—FORMS RELATING TO ARTICLES OF THE PEACE PART 6—FORMS RELATING TO CERTIORARI TO INFERIOR COURTS PART 7—FORMS RELATING TO HABEAS CORPUS IN CRIMINAL CASES PART 8—FORMS RELATING TO APPEALS FROM JUSTICES PART 9—FORMS RELATING TO SUBPOENAS PART 9—FORMS UNDER CRIMINAL APPEAL RULES ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . 333 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
o 1, r 1 11 Criminal Practice Rules 1900 o 1, r 2 CRIMINAL PRACTICE RULES 1900 [as amended by all amendments that commenced on or before 25 July 1996] † RULES OF COURT 1. The following rules may be cited as the Criminal Practice Rules 1900 . 2. They shall come into operation on 1 January 1901 and shall also apply, so far as may be practicable, to all proceedings taken on and after that day in all causes and matters then pending. † ORDER 1—APPLICATION OF CIVIL PRACTICE RULES: INTERPRETATION: TITLE OF PROCEEDINGS ˙ Application of rules of civil procedure 1. In the application of the rules of the Supreme Court to proceedings in its criminal jurisdiction— “cause ” shall be deemed to include any prosecution or other proceeding. ˙ Interpretation of terms 2. In these rules— “a Queen’s prison” means and includes the gaols at Brisbane, Rockhampton, and Townsville respectively, and any other prison duly appointed under the laws relating to prisons, and also any other place of confinement in which the person in question may be lawfully confined, under process of the Supreme Court, otherwise than in execution of a judgment after conviction of an offence.
o1, r 3 12 Criminal Practice Rules 1900 o 2, r 3 “plaintiff in error” means a party by whom proceedings in error are taken under the provisions of these rules. “the Code” means the Criminal Code. ˙ Title of proceedings 3.(1) Every proceeding in the Supreme Court in its criminal jurisdiction shall be entitled ‘In the Supreme Court of Queensland’. (2) If the proceeding is taken in the Central Court or Northern Court, the word ‘Rockhampton’ or ‘Townsville’ shall be added, as the case requires. † ORDER 2—COMPLAINTS AND INDICTMENTS ˙ Title 1. Every indictment shall be entitled ‘In the Supreme Court of Queensland’ or, in the case of an indictment presented in a Circuit Court, ‘Queensland: In the Circuit Court at B.’ or in the case of an indictment presented in a District Court, ‘Queensland: In the District Court holden at B’. ˙ Form of statement of offences in indictments 2.(1) The statement of the offence in an indictment may be in such of the forms in the schedule as is applicable to the case. (2) In the case of any offence in respect of which no form is given in the schedule, the statement shall be, as nearly as may be, in accordance with the analogous form in the schedule; and, if there is no such form, it shall be sufficient to state the offence in the words of the Code or other statute under which the indictment is presented. ˙ Complaints 3. Similar forms may be used in complaints before justices.
o 3, r 1 13 Criminal Practice Rules 1900 o 4, r 2 † ORDER 3—PROCEEDINGS AT TRIAL ON INDICTMENT ˙ Subsequent pleadings to be oral 1. At the trial of a person charged upon an indictment all pleadings subsequent to the indictment may be made orally; but the pleadings shall be reduced into writing so far as may be necessary for the purposes of recording the proceedings at the trial. ˙ Challenges 2. Challenges, and pleas and demurrers to challenges, may be made orally in the first instance, but the court may require them to be reduced into writing and handed to the proper officer by the party making the same. † ORDER 4—INFORMATIONS BY PRIVATE PERSONS ˙ Application for leave 1. Applications for leave to present an information against any person for an indictable offence shall be made by motion in open court for an order calling on the accused person to show cause why the leave should not be granted. ˙ Charges against judicial officers 2.(1) An order nisi shall not be granted upon an application for leave to present an information against a judicial officer for anything done in the judicial officer’s capacity as such officer unless it is proved upon affidavit that the applicant has, 6 days before making the application, given to the person intended to be accused written notice of the judicial officer’s intention to make the application, setting forth a distinct statement of the alleged offence.
o 4, r 3 14 Criminal Practice Rules 1900 o 5, r 1 (2) Such notice must be served on the person intended to be accused either personally or by leaving it at the accused person’s usual or last known place of residence with some member of the household. ˙ Prosecutor’s address for service 3. The copy information for service shall have indorsed thereon a statement of a proper place, to be called the prosecutor’s address for service, which shall be not more than 1.61 km from the registry, where any proceedings in the cause may be left for the prosecutor. ˙ Appearance 4. An appearance to an information shall be in the like form, and shall be entered in the same manner, as an appearance to a writ of summons in an action; and notice of appearance shall be given as in that case. ˙ Plea 5.(1) If the defendant appears by solicitor, the defendant may also plead by solicitor. (2) The copy of the plea shall be delivered to the prosecutor at the prosecutor’s address for service. ˙ Service of notices etc. on defendant 6. All notices and other documents required to be served on the accused person may be served on the accused person at his or her address for service stated in the accused person’s memorandum of appearance. † ORDER 5—BENCH WARRANTS ˙ Application for bench warrant 1. An application for a warrant to arrest a person against whom an
o 5, r 2 15 Criminal Practice Rules 1900 o 6, r 6 indictment has been presented may be made upon production to the judge of the original indictment or an office copy thereof, without other evidence. ˙ On information by leave 2. In the case of an information presented by leave, such warrant shall not be granted, except by order of the court made at the time of giving leave, without evidence on oath showing that the accused person is likely to abscond, or that for other reasons the accused person’s arrest is necessary in the interests of justice. † ORDER 6—BAIL AND RECOGNISANCES ˙ Application for bail 1.(1) Applications for bail shall be made upon notice of motion or summons served on the Crown Solicitor. (2) A copy of the depositions or other documents showing the cause of the custody of the applicant shall be produced to the court or judge on the hearing of the application. ˙ Estreat of recognisance 5. Applications to estreat recognisances shall be made in the same manner in which applications to enforce a security given in an action are required to be made. ˙ Enlargement of undertaking as to bail 6. When application is made to a court to enlarge an undertaking as to bail by which an accused person or a surety is bound, the undertaking shall be produced to the court.
o 6A, r 1 16 Criminal Practice Rules 1900 o 6A, r 4 † ORDER 6A—SUBPOENAS ˙ Subpoenas after information or indictment 1. When an indictment or information has been presented in any court against any person for an indictable offence, the Crown or the accused person may, by a writ of subpoena ad testificandum or subpoena duces tecum to be issued in accordance with the practice of the court, require the attendance of any person, or the production of any document, before the court at the trial. ˙ Subpoenas after committal and before indictment 2. When a person has been committed for trial before any court for an indictable offence, the Crown or the person so committed may obtain from the Supreme Court a writ of subpoena ad testificandum or a writ of subpoena duces tecum, requiring the attendance of any person, or the production of any document, before the court at the sittings for which the committal is made, although an indictment has not been presented against such person. ˙ Forms of writs of subpoena 3. Writs of subpoena shall be in the appropriate form in the schedule with such variations as circumstances may require. ˙ Production of medical, hospital and government records 4.(1) If a subpoena requires the production of a document that— (a) is a medical or hospital record; or (b) is a record of a department of government, or a statutory authority, of a State or the Commonwealth; it is sufficient compliance with the subpoena if the record is produced to the proper officer at least 1 clear day before the time specified in the subpoena for the production of the record.
o 6A, r 5 17 Criminal Practice Rules 1900 o 6A, r 6 (2) The proper officer must give a receipt to the person producing the record if the person asks for a receipt. ˙ Proper officer’s obligations in relation to produced record 5. The proper officer must— (a) keep a produced record in a safe place; and (b) on payment of the prescribed fee by a relevant party to the proceeding to which the record relates— (i) permit the party to inspect, or take extracts from, the record in the proper officer’s office; and (ii) give a copy of the record, or part of the record, to the party; and (c) produce the record to the court as the court directs. ˙ Objection to inspection or copying of produced record 6.(1) This rule applies if— (a) a person produces a record to the proper officer under rule 4; and (b) the person makes written objection to the proper officer to the inspection or copying of the record, or a specified part of the record; and (c) the person makes the objection when the record is produced; and (d) the objection states the grounds of the objection. (2) The proper officer must not, without the leave of the court or a judge— (a) permit a relevant party to inspect, or take extracts from, the produced record, or specified part of the record; or (b) give to a relevant party a copy of the produced record, or specified part of the record. (3) This rule applies despite rule 5.
o 6A, r 7 18 Criminal Practice Rules 1900 o 6A, r 8 ˙ Crown’s obligation when record to be adduced in evidence 7.(1) If the Crown intends to adduce in evidence in a proceeding a produced record, or a part of a produced record, that can be inspected under rule 5 or 6(2), it must give to the other relevant party— (a) notice of its intention; and (b) a copy of the record, or part of the record, the Crown proposes to adduce in evidence. (2) The Crown must comply with subrule (1) a reasonable time before the record or part is adduced by it in evidence. (3) A fee is not payable to the Crown for the copy of the record or part of the record. ˙ Definitions 8. In this order— “prescribed fee” means— (a) for inspecting a produced record—$10; or (b) for a copy of a produced record or part of a produced record— (i) $1.30 per page for the first copy; and (ii) $0.50 per page for each additional copy. “produced record” means a record produced to the proper officer under rule 4. “proper officer” means— (a) for the Supreme Court—the sheriff, and includes the northern or central sheriff and a deputy or under sheriff; and (b) for a District Court—the registrar. “relevant party” means— (a) the Crown; or (b) an accused person or a person committed for trial; or (c) the legal representative of a person mentioned in paragraph (b).
o 6B, r 1 19 Criminal Practice Rules 1900 o 7, r 4 † ORDER 6B—EVIDENCE ˙ Evidence by telephone, video link or another form of communication 1.(1) The Court, a Judge or a Magistrate may, in a proceeding for an indictable or simple offence, determine to receive evidence or submissions by telephone, video link or another form of communication. (2) The Court, the Judge or the Magistrate may impose conditions under subrule (1). † ORDER 7—TRIAL AT BAR ˙ To be order by Court of Appeal 1.(1) A trial at bar shall not be had except by order of the Court of Appeal. (2) The order may be made at any time after plea. ˙ Application how made 2. An application for a trial at bar shall be by motion for an order nisi, except when made by the Attorney-General on behalf of the Crown, when the order shall be absolute in the first instance, as of course. ˙ Terms may be imposed 3. On making the order absolute for a trial at bar the court may impose such terms on the applicant as to payment of costs or otherwise as the court may think fit. ˙ Jury 4 . The court may direct that the jury shall be summoned from the district
o 7, r 5 20 Criminal Practice Rules 1900 o 8, r 2 in which the offence is alleged to have been committed or from any other district. ˙ Copy pleadings for judges 5. Four days at least before the day appointed for the trial a copy of the pleadings shall be left by the party prosecuting at the chambers of each of the judges who are to sit at the trial. ˙ Trial 6. A trial at bar may be continued from day to day, or adjourned to a subsequent day at any time, in the discretion of the court, without any reference to the sittings of the Supreme Court; and no formal order shall be drawn up for any such continued sitting or adjournment, nor shall any such order be entered on the record. † ORDER 8—JUDGMENTS ˙ Entry of findings of fact 1. At every trial, when the officer present at the trial is not the officer by whom judgment ought to be entered, the associate shall enter, in a book to be kept for that purpose, the plea, the verdict, and such other findings of fact as the court may direct to be entered, and the directions (if any) of the court as to judgment. ˙ Certificate for entry of judgment 2.(1) The certificate of the associate to the effect that any judgment has been directed by the court to be entered shall be sufficient authority to the proper officer to enter judgment accordingly. (2) The certificate shall be in the form in the schedule, with such variations as circumstances may require.
o 8, r 3 21 Criminal Practice Rules 1900 o 9, r 1 ˙ Calendar 3.(1) A list or calendar shall be made out in duplicate by the sheriff, deputy sheriff or registrar of a District Court of all persons tried, sentenced or otherwise dealt with at any sittings of the Supreme Court, a Circuit Court or a District Court, and thereon shall be entered a short memorandum of the verdict and of the judgement (if any) pronounced upon every such person. (2) One copy of such list or calendar shall be retained in the registry of the Supreme Court, Circuit Court or District Court, as the case may be, at the place where the sittings is held, and the other copy thereof shall be provided to the officer of the Corrective Services Commission in charge of the reception of prisoners. (3) Such list or calendar shall be sufficient warrant for the execution of the judgments thereby appearing to have been pronounced. ˙ Respite for proceedings in error 4. When judgment is pronounced upon a conviction, the court may, if it thinks fit, respite the execution of the judgment for such time as may be necessary for the person convicted to obtain the Attorney-General’s fiat for a writ of error, upon the person entering into a recognisance with 2 sufficient sureties, in such amount as the court may order, to render himself or herself into custody or to prosecute his or her writ of error with effect. † ORDER 9 ˙ Interpretation 1. In the construction of the rules of this order the provisions set forth in the Acts Citation Act 1903 and in the Criminal Code, sections 1 and 668 relating to the interpretation of terms shall apply; and— “coroner” means the coroner or the justices or justice performing the duties of a coroner under the provisions of the Inquests on Fires Act 1863 and the Inquests of Death Act 1866 .
o 9, r 2 22 Criminal Practice Rules 1900 o 9, r 3 “conviction” includes the entry of a plea of guilty. “examiner” means the judge, officer of the court, justice, or other person appointed by the court under the Code, section 671B(1)(b). “exhibits” includes all books, papers, and documents and all other things used in evidence at the trial of an appellant, and any written statement handed in to the judge of the court by the appellant. “proper officer of the court of trial” means the officer or clerk of the court who has the custody of the records of the court of trial. “registrar” includes any person for the time being performing the duties of the registrar. “shorthand writer” means the person or persons appointed from time to time as such for the purposes set out in the Code, section 671K. “this chapter” means the Criminal Code, chapter 67. † Forms 2. The forms set out in the schedule, part 9 or forms as near thereto as circumstances permit, shall be used in all cases to which such forms are applicable; but any variance therefrom, not being in matter of substance, shall not affect the validity of the proceedings. ˙ Sittings of the court 3.(1) The Court of Appeal shall sit on the days appointed throughout the year for the sittings of the Court of Appeal, and on such other days as may be specially appointed from time to time, and, unless otherwise ordered, every appeal not being one referred to the court by the registrar for summary determination under the Code, section 671H(2) shall be set down for hearing on the first day on which the Court of Appeal is appointed to sit after the registrar shall have received the necessary documents relating to such appeal. (2) Appeals referred to the court by the registrar for summary determination under the Code, section 671H(2) and all applications to the court preliminary to an appeal, shall be dealt with at such time as the Chief
o 9, r 3A 23 Criminal Practice Rules 1900 o 9, r 4 Justice or, in the Chief Justice’s absence, the Senior Judge Administrator, shall direct. (3) The Court of Appeal shall sit during vacation at such times as the Chief Justice or, in the Chief Justice’s absence, the Senior Judge Administrator, shall direct. 3A. When any judgment is pronounced in any appeal or matter by either the Court of Appeal or a single judge of the court and the opinion of any judge is reduced to writing, it shall be sufficient to state orally the opinion of the judge without stating the reasons therefor, and the judge’s written opinion shall be then published by delivering the same to the registrar or associate in open court. ˙ Reservation of points of law 4.(1) A case stating questions of law reserved under the Code, sections 668B or 668C upon the trial of a person indicted for an indictable offence shall set forth such facts only as are relevant to raise the questions of law reserved. (2) If any question turns upon the form of the pleadings, then so much of the pleadings must be set out as raises the question. (3) A case under the Code, section 668B shall state whether judgment on the conviction was pronounced and respited, or was postponed, and whether the convicted person was committed to prison or admitted to bail to render himself or herself in execution or receive judgment. (4) The original case shall be transmitted forthwith by the judge by whom it is signed to the registrar at Brisbane, who shall set the case down for hearing on the first day on which the Court of Appeal is appointed to sit, and shall cause a copy of the case to be left at the chambers of each of the judges appointed to sit in the Court of Appeal, and shall deliver a copy thereof to the Crown law officer and to the appellant or the appellant’s solicitor at least 4 days before such day. (5) The judge by whom the case is stated may amend the same at any time before argument. (6) The person upon whose conviction a question of law has been
o 9, r 5 24 Criminal Practice Rules 1900 o 9, r 5 reserved under the Code, section 668B shall, for the purpose of these rules, be deemed to be an appellant who has appealed under the Code, section 668D(a). (7) However, in such case the Code, section 671H(2) shall not apply. † Notices of appeal ˙ Notices of appeal to be signed by appellant and addressed to registrar 5.(1) Every notice of appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given under this chapter shall be signed by the appellant himself or herself, except under the provisions of subsections (5) and (6). (2) Any other notice required or authorised to be given for the purposes of this chapter or these rules shall be in writing and signed by the person giving the same or by the person’s solicitor. (3) All notices required or authorised to be given for the purposes of this chapter or these rules to the Court of Appeal shall be addressed to the registrar of the Court of Appeal, Brisbane. Where appellant unable to write (4) When any appellant or any other person authorised or required to give or send any notice of appeal or notice of any application for the purposes of this chapter or of these rules is unable to write the person may affix his or her mark thereto in the presence of a witness who shall attest the same and thereupon such notice shall be deemed to be duly signed by such appellant. Appellant’s representative may act for the appellant where question of insanity involved (5) Where on the trial of a person entitled to appeal under this chapter, it has been contended that the person was not responsible according to law for the person’s actions on the ground that the person was insane at the time the act was done or the omission made by the person any notice required by these rules to be given and signed by the appellant himself or herself may be given and signed by the person’s solicitor or other person authorised to act on the person’s behalf.
o 9, r 6 25 Criminal Practice Rules 1900 o 9, r 6 Notice etc. on behalf of corporations (6) In the case of a body corporate where by this chapter or these rules any notice or other document is required to be signed by the appellant himself or herself, it shall be sufficient compliance therewith if such notice or other document is signed by the secretary, clerk, manager, or solicitor of such body corporate. † Shorthand writers and transcript of notes 6.(1) The shorthand writer appointed for the purposes of the Code, section 671K shall, in the form in the schedule, part 9, form 12, be sworn to take down faithfully and truly the shorthand notes of the proceedings at the trial to the best of the shorthand writer’s skill and ability. (2) For the purposes of the Code, section 671K and of these rules, proceedings at the trial shall mean the plea, the evidence, and any objections taken in the course thereof, any directions asked for, any points of law raised during the trial, any statement made by the prisoner, the summing up, the remarks of the judge when sentencing the prisoner, and such other matter as to the reporting of which the judge of trial shall give a special direction, but, unless otherwise ordered, shall not include any part of the speeches of counsel or solicitor. Shorthand note to be certified by the writer (3) The shorthand writer shall sign the shorthand note taken by the shorthand writer of any trial or proceeding or of any part of such trial or proceeding and certify the same to be a complete and correct shorthand note thereof and shall forthwith lodge the same in the office of the State Reporting Bureau for the purpose of its being filed therein as a record of the court. Transcript to be furnished on application by registrar (4) The State Reporting Bureau shall on being required by the registrar furnish to the registrar for the use of the Court of Appeal a transcript of the whole or of any part of the shorthand note taken of the proceedings of any trial, or proceeding in reference to which an appellant has appealed under this chapter.
o 9, r 7 26 Criminal Practice Rules 1900 o 9, r 7 Supply of transcript (5) The State Reporting Bureau, on receipt of— (a) a written application; and (b) payment of the relevant fee prescribed in the Recording of Evidence Regulation 1992 ; is to supply the applicant with a copy of the transcript of the whole or any part of the shorthand note of a trial or other proceeding. Transcript to be made by writer thereof or some other person on registrar’s directions (6) Whenever under the Code or these rules a transcript of the whole or of any part of such shorthand note is required for the use of the Court of Appeal such transcript may be made by the shorthand writer who took and certified the shorthand note or by any other competent person. Verification of transcript for use of Court of Appeal (7) A transcript of the whole or any part of the shorthand note relating to the case of any appellant which may be required for the use of the Court of Appeal shall be typewritten and verified by the person making the same by a statutory declaration in the form in the schedule, part 9, form 13 that the same is a correct and complete transcript of the whole, or of such part, as the case may be, of the shorthand note purporting to have been taken, signed, and certified by the shorthand writer who took the same. † Certificate of judge of trial ˙ Judge’s certificate, under section 668D(b) 7.(1) The certificate of the judge of the court of trial under the Code, section 668D(b) may be in the form in the schedule, part 9, form 1 and shall be forwarded forthwith by the proper officer of the court of trial to the registrar. Judge’s certificate may be given at trial without application (2) The judge of the court of trial may, in any case in which the judge considers it desirable so to do, inform the person convicted before the judge
o 9, r 8 27 Criminal Practice Rules 1900 o 9, r 8 that the case is in the judge’s opinion one fit for an appeal to the Court of Appeal under the Code, section 668D(b), and may give to such person a certificate to that effect in the form in the schedule, part 9, form 1. † Appeals where fine only is inflicted ˙ Where fine imposed on conviction to be retained pending appeal 8.(1) Where a person has, on the person’s conviction, been sentenced to payment of a fine, and in default of payment to imprisonment, the person lawfully authorised to receive such fine shall, on receiving the same, retain it until the determination of any appeal in relation thereto. Person in custody in default of payment of fine, deemed to be person sentenced to imprisonment (2) If such person remains in custody in default of payment of the fine, the person shall be deemed, for all purposes of this chapter or these rules, to be a person sentenced to imprisonment. Person fined may in certain cases intimate appeal, and not pay fine—power of court of trial in such cases to impose recognisances (3) Where any person has been convicted and is thereupon sentenced to the payment of a fine, and, in default of such payment, to imprisonment and the person intimates to the judge of the court of trial that the person is desirous of appealing against the person’s conviction to the Court of Appeal, either upon grounds of law alone, or, with the certificate of the judge of the court of trial, upon any grounds mentioned in the Code, section 668D(b), such judge may, if the judge thinks right so to do, order such person forthwith to enter into recognisances in such amount, and with, or without, sureties in such amount as such judge may think right, to prosecute the person’s appeal. (4) And, subject thereto, may order that payment of the said fine shall be made at the final determination of the person’s said appeal, if the same be dismissed, to the registrar of the Court of Appeal, or as such court may then order. (5) The recognisance under this rule shall be in the forms in the schedule, part 9, forms 26 and 27.
o 9, r 9 28 Criminal Practice Rules 1900 o 9, r 9 (6) A surety becoming duly bound by recognisance under this rule shall be deemed to be, for all purposes, and shall have all the powers of a surety under the provisions of the Bail Act 1980 . (7) The proper officer of the court of trial shall forward the recognisances of the appellant and the appellant’s surety or sureties to the registrar. Fine to be repaid on success of appeal (8) An appellant who has been sentenced to the payment of a fine, and has paid the same in accordance with such sentence, shall, in the event of the appellant’s appeal being successful, be entitled, subject to any order of the Court of Appeal, to the return of the sum or any part thereof so paid by the appellant. How appellant committing breach of recognisance under this rule may be dealt with (9) If the appellant to whom subrules (3) to (7) applies, does not serve in accordance with these rules, a notice of appeal upon grounds of law alone, or with the certificate of the judge of the court of trial upon any grounds mentioned in the Code, section 668D(b) within 14 days from the date of the appellant’s conviction and sentence the registrar shall report such omission to the Court of Appeal, who may, after notice in the forms in the schedule, part 9, forms 28 and 29 has been given to the appellant and the appellant’s sureties (if any) order an estreat of the recognisances of the appellant and the appellant’s sureties and may issue a warrant for the apprehension of the appellant and may commit the appellant to prison in default of payment of the appellant’s fine, or may make such other order as they think right. † Custody of exhibits used at trial ˙ Directions as to custody of exhibits 9.(1) The trial judge in a criminal trial and, in the case of an appeal to the Court of Appeal, the Court of Appeal may make any order that the judge or the court determines for the custody, disposal, or production of an exhibit in the trial or appeal. (2) If no order is made under subrule (1), the exhibit is to be held in safe keeping by the proper officer of the court of trial.
o 9, r 9A 29 Criminal Practice Rules 1900 o 9, r 10 (3) After the trial or appeal a judge in chambers may order that an exhibit— (a) be unavailable for inspection; and (b) be sealed and not opened; without the further order of the court or a judge. ˙ Inspection of exhibits 9A.(1) Subject to rule 9 and subrule (2), an exhibit held in safe keeping may be inspected on payment of the prescribed fee. (2) The proper officer of the court of trial may refuse to allow an inspection of an exhibit if the officer considers that— (a) the security of the exhibit; or (b) the safety of any person; might be at risk. (3) In this rule— “prescribed fee” means— (a) in the case of an exhibit that is a document—the fee prescribed in schedule 3, part 2, item 13 to the Rules of the Supreme Court; and (b) in any other case—$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 10. Where, upon the trial of a person entitled to appeal under this chapter against the person’s conviction, an order of restitution of any property to any person has been made by the judge of the court of trial, the person in whose favour or against whom the order of restitution has been made, any person in whose favour or against whom an order to which rule 11 relates
o 9, s 11 30 Criminal Practice Rules 1900 o 9, r 12 has been made, and, with the leave of the Court of Appeal, any other person, shall, on the final hearing by the Court of Appeal of an appeal against the conviction on which such order of restitution was made, be entitled to be heard by the Court of Appeal before any order under the provisions of the Code, section 670, annulling or varying such order of restitution is made. ˙ Non-suspension of orders for restitution etc. to be subject to property or a sample etc. being necessary for purposes of appeal 11. Where the judge of the court of trial is of opinion that the title to any property the subject of an order of restitution made on a conviction of a person before the judge, or any property to which the provisions of the Sale of Goods Act 1896 , section 26(1) apply, is not in dispute, the judge, if the judge shall be of opinion that such property or a sample or portion or facsimile representation thereof is reasonably necessary to be produced for use at the hearing of any appeal, shall give such directions to or impose such terms upon the person in whose favour the order of restitution is made, or in whom such property revests under such subsection as the judge shall think right in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal. ˙ Temporary suspension of orders made on conviction, as to money, rewards, costs etc. 12.(1) Where, on the conviction of a person, the judge of the court of trial makes an order under the Code, chapter 65 condemning such person to the payment of the whole or of any part of the costs and expenses of the prosecution for the offence of which the person shall be convicted out of any moneys taken from such person on the person’s apprehension or otherwise, or where such judge lawfully makes on the conviction of any person before the judge any order for the payment of money by such convicted person or by any other person or any order affecting the rights or property of such convicted person the operation of such orders shall in any of such cases be suspended until the expiration of 14 days and until the expiration of such further time as a judge of the court shall, on application, think fit to direct after the day on which any of such orders were made. (2) And in cases where notice of appeal or notice of application for leave
o 9, r 12 31 Criminal Practice Rules 1900 o 9, r 12 to appeal is given, within 14 days from and after the date of such conviction, such orders shall be further suspended until the determination of the appeal against the conviction in relation to which they were made. (3) The Court of Appeal may by order annul any order to which this rule refers on the determination of any appeal under the Code, or may vary such order, and such order, if annulled, shall not take effect, and, if varied, shall take effect as so varied. (4) The proper officer of the court of trial shall keep a record of any orders to which this rule refers. Judge’s directions as to property of convicted person pending appeal (5) Where the judge of the court of trial makes any such order, on a person convicted before the judge, as in this rule mentioned, the judge shall give such directions as the judge thinks right as to the retention by any person, of any money or valuable securities belonging to the person so convicted and taken from such person on the person’s apprehension or of any money or valuable securities at the date of the person’s conviction in the possession of the prosecution for such period, not being less than 14 days, as the judge shall think proper, or, in the event of an appeal, until the determination thereof by the Court of Appeal. (6) The proper officer of the court of trial shall keep a record of any directions given under this rule. Suspension of disqualifications consequent on conviction (7) Where upon conviction of any person of any offence any disqualification, forfeiture or disability attaches to such person by reason of such conviction, such disqualification, forfeiture, or disability shall not attach for the period of 14 days from and after the date of such conviction, nor in the event of an appeal under the Code to the Court of Appeal until the determination thereof. Judge’s directions as to securing payment of money by convicted person pending appeal (8) When the judge of the court of trial on the conviction of a person before the judge, makes any order for the payment of money by such person or by any other person upon such conviction, and, by reason of this rule, such order would otherwise be suspended, such judge may, if the judge thinks right so to do, direct that the operation of such order shall not
o 9, r 13 32 Criminal Practice Rules 1900 o 9, r 13 be suspended unless the person on whom such order has been made shall in such manner and within such time as the said judge shall direct, give security by way of undertaking or otherwise for the payment to the person in whose favour such order shall have been made of the amount therein named. (9) Such security may be to the satisfaction of the person in whose favour the order for payment shall have been made or of any other person as such judge shall direct. Suspension of order of destruction or forfeiture of property (10) Where on a conviction any property, matters or things the subject of the prosecution or connected therewith, are to be or may be ordered to be destroyed or forfeited under the provisions of any statute, the destruction or forfeiture or order for destruction or forfeiture thereof shall be suspended for the period of 14 days from and after the date of such conviction, and in the event of an appeal under the Code, shall be further suspended until the determination thereof by the Court of Appeal. Suspension of proceedings or claims consequent on conviction (11) Where, upon conviction of any person of any offence, any claim may be made or any proceedings may be taken under any statute against such person or any other person in consequence of such conviction, such proceedings shall not be taken until after the period of 14 days, or such further time as a judge of the court shall order, from and after the date of such conviction, nor in the event of an appeal under the Code to the Court of Appeal until the determination thereof. (12) Any person affected by any orders which are suspended under this rule may, with the leave of the Court of Appeal, be heard on the final determination of any appeal, before any such orders are varied or annulled by the Court of Appeal. ˙ Period of suspension of orders under section 670 13. The time during which an order of restitution or the operation of the Sale of Goods Act 1896 , section 26(1) is suspended under the Code, section 670, shall commence to run from and after the date of conviction, and, in cases where notice of appeal or notice of application for leave to appeal is duly given within 14 days after such day, the period of suspension
o 9, r 14 33 Criminal Practice Rules 1900 o 9, r 15 of such order or of the operation of the subsection shall continue until the determination of the appeal. ˙ Certificate of conviction not to issue for 14 days after conviction 14.(1) The proper officer of the court of trial or the deputy of such officer shall not issue, under any statutes authorising such officer or deputy so to do, a certificate of conviction of any person convicted on indictment in such court for the period of 14 days after the actual day on which such conviction took place, nor in the event of such officer or deputy receiving information from the registrar of the court within such 14 days, that a notice of appeal or of application for leave to appeal has been given under the Code, until the determination thereof. After 14 days from conviction proper officer to be satisfied no appeal pending before issuing certificate of conviction (2) Where an application is made to such officer or deputy to issue such certificate of conviction, as in this rule mentioned, after the expiration of the said period of 14 days, such officer or deputy shall require, before issuing the same, to be satisfied that there is no appeal then pending in the Court of Appeal against such conviction. (3) A person desirous of obtaining a certificate of conviction from such officer or deputy shall be entitled to obtain from the registrar a certificate in such form as the said registrar may think right for the purpose of satisfying by the production thereof, such officer or deputy that no appeal against such conviction is then pending. (4) After the expiration of 2 months from the date of the conviction a certificate thereof may be issued by such officer or deputy as heretofore, except in cases in which such officer or deputy has had notice of an appeal still undetermined. † Report of judge of trial ˙ Trial judge’s report 15.(1) If the registrar receives—
o 9, r 16 34 Criminal Practice Rules 1900 o 9, r 16A (a) a notice of appeal under this chapter; or (b) a notice of application for leave to appeal under this chapter; or (c) a notice of application for extension of time within which a notice of a kind mentioned in paragraph (a) or (b) must be given; or (d) notice of the exercise of the Crown law officer’s powers under the Code, section 672A; the registrar may request the judge of the court of trial (the “trial judge” ) to give to the registrar a written report of the trial judge’s opinion on the case generally, or on any point arising on the appellant’s case. (2) The registrar must request the trial judge to give the report if directed to do so by the Court of Appeal or a Judge of Appeal. (3) The trial judge may give the report if the trial judge considers that it is desirable to do so. (4) If the trial judge gives the report, it forms part of the record. ˙ Registrar to furnish judge of court of trial with materials for report 16. When the registrar shall request the judge of the court of trial to furnish a report under these rules, the registrar shall send to such judge of the court of trial a copy of the notice of appeal or notice of application for leave to appeal or notice of application for extension of time within which under this chapter such notice shall be given or any other document or information which the registrar shall consider material, or which the Court of Appeal at any time shall direct the registrar to send, or with which such judge may request to be furnished by the registrar, to enable such judge to deal in the judge’s report with the appellant’s case generally or with any point arising thereon. ˙ Publication of pre-sentence and psychiatric reports 16A. The Court of Appeal or a Judge of Appeal may direct that a pre-sentence report or a psychiatric report must not be published to a party to an appeal or application under this chapter if the court or judge determines that— (a) the publication would not be in the interest of the party’s mental
o 9, r 17 35 Criminal Practice Rules 1900 o 9, r 19 or physical health; and (b) publication to the party’s counsel or solicitor will sufficiently protect the party’s interest in relation to the appeal or application. † Notices of appeal and period for appealing; abandonment of appeal ˙ Obligation on appellants to fill up forms of appeal notices and answer questions thereon 17. A person desiring, under the provisions of this chapter, to appeal to the Court of Appeal against the person’s conviction or sentence, shall commence the person’s appeal by sending to the registrar a notice of appeal or notice of application for leave to appeal, or notice of application for extension of time within which such notice shall be given, as the case may be, in the form of such notices respectively set forth in the schedule, part 9, and in the notice or notices so sent, shall answer the questions and comply with the requirements set forth thereon, subject to the provisions of rule 45. ˙ Time for appealing against conviction to run from verdict 18. The time within which a person convicted shall give notice of appeal or notice of the person’s application for leave to appeal to the Court of Appeal against the person’s conviction, shall commence to run from the day on which the verdict of the jury was returned, whether the judge of the court of trial shall have passed sentence or pronounced final judgment upon the person on that day or not. ˙ Time for appealing against sentence to run from pronouncement of sentence 19. The time within which a person convicted and sentenced shall give notice of application for leave to appeal against such sentence under the Code to the Court of Appeal, shall commence to run from the day on which such sentence shall have been passed upon the person by the judge of the court of trial.
o 9, r 19A 36 Criminal Practice Rules 1900 o 9, r 20 ˙ Appeals against sentence and references by the Attorney-General 19A.(1) The Attorney-General, desiring under the provisions of the Criminal Code, section 669A to appeal to the Court of Appeal or to refer a point of law for consideration and opinion thereon, shall commence the Attorney-General’s appeal by filing with the registrar a notice of appeal or notice of reference, as the case may be, in form of such notices set forth in the schedule, part 9. (2) A copy of such notice of appeal shall be served personally upon the respondent to the appeal. (3) A copy of such notice of reference shall be given to the acquitted person by— (a) serving the acquitted person personally with such copy; or (b) leaving such copy with some person at the acquitted person’s usual place of business or residence or place of business or residence last known to the person who served the said copy; or (c) leaving such copy at the office of the solicitors who represented the acquitted person at the trial to which the notice of reference pertains; or (d) leaving such copy at the office of the public defender. (4) An affidavit of proof of such service may be filed with the registrar. (5) After the record of proceedings has been received by the registrar, a copy of such record of proceedings shall be made available free of charge to the respondent upon request by the respondent or on the respondent’s behalf to the registrar. ˙ Registrar to require proper officer of court of trial or other person having the custody thereof to furnish the registrar with depositions, indictments, pleas etc. for use of Court of Appeal 20. The registrar may, if it appears to the registrar to be necessary for the proper determination of any appeal or application or for the due performance of the duties of the Court of Appeal, or whenever in any such cases the registrar is directed by the Court of Appeal so to do, shall require the proper officer of the court of trial, the Crown prosecutor, the Crown Solicitor, or other person having the custody thereof, to furnish the registrar
o 9, r 21 37 Criminal Practice Rules 1900 o 9, r 23 with the original depositions of witnesses examined before the committing justice or coroner, or with any exhibit retained by such officer or other person, and with the indictment or indictments against the appellant, or with an abstract or copy thereof or any part thereof or with any plea made or filed in the court of trial, and such officer or other person shall forthwith furnish the same to the registrar. ˙ Notice of application for leave to appeal 21. Where the Court of Appeal has, on a notice of application for leave to appeal duly served, and in the form provided under these rules, given an appellant leave to appeal, it shall not be necessary for such appellant to give any notice of appeal, but the notice of application for leave to appeal shall in such case be deemed to be a notice of appeal. ˙ Abandonment of appeal 22. An appellant at any time after the appellant has duly served notice of appeal or of application for leave to appeal, or of application for extension of time within which under the Code such notices shall be given, may abandon the appellant’s appeal by giving notice of abandonment thereof in the form in the schedule, part 9, form 6 to the registrar, and upon such notice being given the appeal shall be deemed to have been dismissed by the Court of Appeal. ˙ Notice of application for extension of time for appealing 23.(1) An application to the Court of Appeal for an extension of time within which notices may be given, shall be in the form in the schedule, part 9, form 4. (2) Every person making an application for such extension of time, shall send to the registrar together with the proper form of such application, a form, duly filled up, of notice of appeal, or of notice of application for leave to appeal, appropriate to the ground or grounds upon which the person desires to question the person’s conviction or sentence, as the case may be.
o 9, r 24 38 Criminal Practice Rules 1900 o 9, r 24 † Proceedings before judge or Appeal Court under section 671L ˙ How application for leave to appeal and other preliminary applications are to be dealt with 24.(1) Notice of application for leave to appeal, or for extension of time within which notice of appeal or notice of application for leave to appeal shall be given under this chapter, in the forms in the schedule, and the answers to the questions in the form in the schedule, part 9, form 3, which an appellant is by these rules required to make, in reference to leave being granted to the appellant to be present at the hearing of the appellant’s appeal, shall be deemed to be applications to the Court of Appeal in such matters respectively. Procedure where judge of Court of Appeal refuses applications, under section 671L (2) The registrar when any application mentioned in this rule has been dealt with by such judge shall notify to the appellant the decision. (3) In the event of such judge refusing all or any of such applications the registrar on notifying such refusal to the appellant shall forward to the appellant the form in the schedule, part 9, form 8, which form the appellant is hereby required to fill up and forthwith return to the registrar. (4) If the appellant does not desire to have the appellant’s said application or applications determined by the Court of Appeal as duly constituted for the hearing of appeals under the Code, or does not return within 7 days, or within such further time as the court or a judge thereof may allow, to the registrar the form in the schedule, part 9, form 8, duly filled up by the appellant, the refusal of the appellant’s application or applications by such judge shall be final. (5) If the appellant desires that the appellant’s said application or applications shall be determined by the Court of Appeal as duly constituted for the hearing of appeals under the Code, and is not legally represented, the appellant may, if the Court of Appeal give the appellant leave, be present at the hearing and determination by the Court of Appeal of the appellant’s said application. (6) However, an appellant who is legally represented shall not be entitled
o 9, r 25 39 Criminal Practice Rules 1900 o 9, r 25 to be present without special leave of the Court of Appeal. (7) When an appellant duly fills up and returns within the prescribed time to the registrar form 8 expressing a desire to be present at the hearing and determination by the Court of Appeal of the applications mentioned in this rule, such form shall be deemed to be an application by the appellant for leave to be so present. (8) And the registrar, on receiving the said form, shall take the necessary steps for placing the said application before the Court of Appeal. (9) If the said application to be present is refused by the Court of Appeal, the registrar shall notify the appellant; and if the said application is granted, the registrar shall notify the appellant and the superintendent of the prison wherein the appellant is in custody, and the Corrective Services Commission, as provided by these rules. (10) For the purpose of constituting a Court of Appeal the judge who has refused any such application may sit as a member of the court and take part in determining such application. Sittings of a judge under section 671L (11) A judge of the Court of Appeal sitting under the provisions of the Code, section 671L may sit and act wherever convenient. † Duties of prosecutors ˙ Registrar’s duties as to ascertaining respondent 25.(1) When the registrar has received a notice of appeal, or a notice of appeal on grounds of law alone, which does not, in the registrar’s opinion, fall within the provisions of the Code, section 671H(2), or where leave to appeal is granted to any appellant, the registrar shall, where the prosecutor is a private person authorised to prosecute under the Code, section 686, forthwith ascertain from such person, or from the solicitor of such person, whether the prosecutor intends to undertake the defence of the appeal. (2) And in the event of the prosecutor declining to undertake the defence of the appeal, notice to that effect shall be sent by the registrar to the Crown law officer.
o 9, r 26 40 Criminal Practice Rules 1900 o 9, r 27 (3) Where such prosecutor in the court of trial was the Crown law officer or a Crown prosecutor, the registrar shall notify the Crown law officer of such appeal. Prosecutor to afford all information, documents etc. to registrar and Crown law officer (4) It shall be the duty of a prosecutor who declines to undertake the defence of an appeal, and of the prosecutor’s solicitor, to furnish to the registrar and the Crown law officer any information, documents, matters, and things in the prosecutor’s possession or under the prosecutor’s control connected with the proceedings against the appellant, which the registrar or Crown law officer may require for the purposes of their duties under the Code. ˙ Court may at any stage substitute the Crown law officer for a private prosecutor 26. Where the defence of an appeal is undertaken by a private prosecutor, the Court of Appeal may, at any stage of the proceedings in such appeal, if it shall think right so to do, order that the Crown law officer shall take over the defence of the appeal and be responsible on behalf of the Crown for the further proceedings in the same. † Procedure on application ˙ Presence of appellant on bail, at hearing of the appellant’s appeal 27.(1) An appellant who has been admitted to bail shall be personally present at each and every hearing of the appellant’s appeal before the Court of Appeal and at the final determination thereof. (2) The Court of Appeal may, in the event of such appellant not being present at any hearing of the appellant’s appeal, if they think right so to do, decline to consider the appeal, and may proceed to summarily dismiss the same, and may issue a warrant for the apprehension of the appellant in the form in the schedule, part 9, form 24. (3) However, the Court of Appeal may consider the appeal in the appellant’s absence, or make such other order as they think right.
o 9, r 29 41 Criminal Practice Rules 1900 o 9, r 30 Superintendent of prison on commitment of appellant to notify registrar (4) When an appellant has been released on bail and has, under a warrant, or by the appellant’s surety or sureties been apprehended, and is in prison, the superintendent thereof shall forthwith notify the registrar, who shall take steps to inform the court thereof, and the Court of Appeal may give to the registrar such directions as to the appeal or otherwise as they shall think right. ˙ Warders etc. to attend sittings of Court of Appeal 29.(1) The Corrective Services Commission shall, on notice from the registrar, cause from time to time such sufficient number of male and female warders to attend the sittings of the Court of Appeal, as having regard to the list of appeals thereat the Commission shall consider necessary. Appellant to surrender on appeal, be searched, and remain in custody until further dealt with (2) An appellant who is not in custody, shall, whenever the appellant’s case is called on before the Court of Appeal, surrender himself or herself to the warder or warders in attendance at such court, and thereupon shall be searched by them, and shall be deemed to be in their lawful custody until further released on bail or otherwise dealt with as the court shall direct. ˙ Registrar on application of appellant or respondent, or where the registrar thinks necessary, to obtain documents, exhibits etc. for purposes of appeal, and same to be open for inspection 30.(1) The registrar may, on an application made to the registrar by the appellant or respondent in any appeal, or where the registrar considers the same to be necessary for the proper determination of any appeal or application, or shall, where directed by the Court of Appeal so to do, obtain and keep available for use by the Court of Appeal any documents, exhibits, or other things relating to the proceedings before the court, and pending the determination of the appeal, such documents, exhibits, or other things shall be open, as and when the registrar may arrange, for the inspection of any party interested.
o 9, r 31 42 Criminal Practice Rules 1900 o 9, r 32 Court of Appeal may order production of any document or exhibits etc. (2) The Court of Appeal may, at any stage of an appeal, whenever it thinks it necessary or expedient in the interests of justice so to do, on the application of an appellant or respondent, order any document, exhibit, or other thing connected with the proceedings, to be produced to the registrar or before them, by any person having the custody or control thereof. † Notifying result of appeals ˙ On final determination of appeals etc. registrar to notify appellant, prison superintendent, Corrective Services Commission 31.(1) On the final determination of any appeal under the Code or of any matter under the Code, section 671L, the registrar shall give to the appellant, if the appellant is in custody and has not been present at such final determination, and to the Crown law officer, and to the superintendent of the prison in which the appellant then is, or from which the appellant has been released on bail, or to which under such determination the appellant is committed, and to the Corrective Services Commission, notice of such determination by forwarding thereto a copy of the order in the form in the schedule, part 9, form 35 or 36. On order for new trial registrar to notify appellant, prison superintendent, Corrective Services Commission (2) When the Court of Appeal has made an order for a new trial under the provisions of the Code, section 669, the registrar shall give to the appellant, if the appellant is in custody and has not been present on the hearing of the appeal, and to the Crown law officer, and to the superintendent of the prison in which the appellant then is or from which the appellant has been released on bail, and to the Corrective Services Commission a copy of such order in the form in the schedule, part 9, form 36. ˙ Registrar to notify officer of court of trial result of appeal 32.(1) The registrar at the final determination of an appeal shall notify in
o 9, r 33 43 Criminal Practice Rules 1900 o 9, r 34 such manner as the registrar thinks most convenient to the proper officer of the court of trial the decision of the Court of Appeal in relation thereto, and also any orders or directions made or given by the court under the Code, or these rules, in relation to such appeal or any matter connected therewith. Officer of court of trial to enter decision of court on records (2) The proper officer of the court of trial shall, on receiving the notification referred to in this rule, enter the particulars thereof on the records of the court of which he or she is such officer. ˙ Registrar after appeal to return original depositions, exhibits, indictment etc. to officer of court of trial when received from officer 33. Upon the final determination of an appeal for the purposes of which the registrar has obtained from the proper officer of the court of trial or the Crown solicitor or any other person having the custody thereof any original depositions, exhibits, indictment, inquisition, plea, or other documents usually kept by the said officer, or by such other person, or forming part of the record of the court of trial, the registrar shall, subject to any order the Court of Appeal might think fit to make, cause the same to be returned to such officer or to the Crown solicitor or to such other person as previously had the custody thereof. † New trials 34.(1) When the Court of Appeal exercises the power of granting a new trial under the Code, section 669, it shall direct the new trial to be held at such place and at such time as appears to the said court reasonable and just. (2) The appellant shall be detained in custody or ordered into the appellant’s former custody until such new trial has been held, unless the Court of Appeal or a judge thereof admits the appellant to bail in the meantime. (3) The time during which the appellant is so admitted to bail or is detained in custody pending the appellant’s re-trial shall not, unless otherwise ordered by the court, count as part of any term of imprisonment under any sentence passed upon the appellant as a result of such new trial.
o 9, r 36 44 Criminal Practice Rules 1900 o 9, r 36 † Copies of documents for use of appellants ˙ How appellant or respondent may obtain from registrar copies of documents, exhibits and transcripts 36.(1) If notice of appeal or notice of application for leave to appeal has been given under this chapter or these rules— (a) an appellant or a respondent (the “party” ); or (b) the solicitor or other person representing the party; may, on payment of the prescribed fee, obtain from the registrar— (c) a copy of any document or exhibit in the registrar’s possession under the Code or these rules for the purposes of the appeal; or (d) a transcript of the shorthand notes included in the appeal record book. (2) If the party’s representative is funded by the Legal Aid Commission, the registrar must supply a copy of any document or exhibit requested by the commission free of charge, unless the registrar determines that the copy is not necessary for the purposes of the appeal. (3) If an appellant— (a) is not legally represented; and (b) requests from the registrar a copy of a document or exhibit in the registrar’s custody; the registrar may supply the copy to the appellant free of charge if the registrar determines that, in all the circumstances, it is reasonable to do so. (4) The prescribed fee for a transcript of the shorthand notes included in the appeal record books may be waived only if an order to that effect is made by the Court of Appeal or a Judge of Appeal. (5) In this rule— “prescribed fee” means the fee prescribed for the preparation and photocopying of documents for inclusion in an appeal record book under the Rules of the Supreme Court, schedule 3, part 2, item 29.
o 9, r 37 45 Criminal Practice Rules 1900 o 9, r 37 † Procedure as to witnesses before Court of Appeal, and their examination before examiner ˙ Attendance of witness before Court of Appeal 37.(1) Where the Court of Appeal has ordered any witness to attend and be examined before the court under the Code, section 671B(b), an order in the form in the schedule, part 9, form 31 shall be served upon such witness specifying the time and place at which to attend for such purpose. Application to court to hear witnesses (2) Such order may be made on the application at any time, of the appellant or respondent, but if the appellant is in custody and not legally represented the application shall be made by the appellant in the form in the schedule, part 9, form 32. Order appointing examiner (3) Where the Court of Appeal orders the examination of any witness to be conducted otherwise than before the court itself, such order shall specify the person appointed as examiner to take and the place of taking such examination and the witness or witnesses to be examined thereat. Registrar to furnish examiner with exhibits etc. necessary for examination (4) The registrar shall furnish to the person appointed to take such examination any documents or exhibits and any other material relating to the said appeal as and when requested so to do. (5) Such documents and exhibits and other material shall, after the examination has been concluded, be returned by the examiner, together with any depositions taken by the examiner under this rule to the registrar. Notification of date of examination (6) When the examiner has appointed the day and time for the examination the examiner shall request the registrar to notify the appellant or respondent and their legal representatives (if any) and when the appellant is in prison, the superintendent of that prison, thereof. (7) The registrar shall cause to be served on every witness to be so examined a notice in the form in the schedule, part 9, form 33.
o 9, r 37 46 Criminal Practice Rules 1900 o 9, r 37 Evidence to be given on oath (8) Every witness examined before an examiner under this rule shall give the witness’ evidence upon oath to be administered by such examiner, except where any such witness, if giving evidence as a witness on a trial on indictment, need not be sworn. Deposition of witness, how to be taken (9) The depositions of the witnesses shall, unless otherwise ordered, be taken in private and shall be reduced to writing, and shall be read over to and signed respectively by such witnesses, and shall be signed by the examiner. (10) The caption in the form in the schedule, part 9, form 30 shall be attached to any such deposition. Travelling expenses of witness before examiner (11) Where any witness shall receive an order or notice to attend before the Court of Appeal or an examiner, the police officer serving the same may, if it appears to the police officer necessary so to do, pay to the witness a reasonable sum, not exceeding the amount of the scale sanctioned by the Crown law officer, for the travelling expenses of such witness from the witness’s place of residence to the place named in such notice or order, and the sum so paid shall be certified by such officer to the registrar. (12) Any expenses certified by the registrar under this rule shall be paid as part of the expenses of a prosecution. Service of notices and orders under rule (13) Any order or notice required by this rule to be given to any witness may be served as directed by rule 43(2), and any such notice shall be deemed to be an order of the Court of Appeal on such witness to attend at the time and place specified therein. Presence of parties at examination of witnesses (14) The appellant and respondent, or counsel or solicitor on their behalf, shall be entitled to be present at and take part in any examination of any witness to which this rule relates.
o 9, r 38 47 Criminal Practice Rules 1900 o 9, r 39 ˙ Proceedings under section 671B(1)(d) on reference 38.(1) When an order of reference is made by the Court of Appeal under the Code, section 671B(1)(d), the question to be referred and the person to whom as special commissioner the same shall be referred shall be specified in such order. (2) The Court of Appeal may in such order, or by giving directions as and when they from time to time shall think right, specify whether the appellant or respondent or any person on their behalf may be present at any examination or investigation or at any stage thereof as may be ordered under the said rule, and specify any and what powers of the Court of Appeal under the Code or these rules may be delegated to such special commissioner, and may require the special commissioner from time to time to make interim reports to the Court of Appeal upon the question referred to the special commissioner under the said rule, and may, if the appellant is in custody, give leave to the appellant to be present at any stage of such examination or investigation, and give the necessary directions to the superintendent of the prison in which such appellant is, accordingly, and may give directions to the registrar that copies of any report made by such special commissioner shall be furnished to the appellant and respondent or to counsel or solicitor on their behalf. † Cause lists ˙ Register of appeals to be kept by the registrar 39.(1) The registrar shall keep a register, in such form as the registrar thinks right, of all cases in which the registrar shall receive a notice of appeal, or notice of application for leave to appeal under the Code, which register shall be open for public inspection in such place and at such hours as the registrar, subject to the approval of the Court of Appeal, shall consider convenient. Registrar to keep general list of appeals (2) The registrar shall also take the necessary steps for preparing from time to time, a general list of cases to be dealt with by the Court of Appeal when fully constituted for hearing appeals under the Code, or for considering applications which a judge of the court has, when sitting, under
o 9, r 40 48 Criminal Practice Rules 1900 o 9, r 40 the Code, section 671L, refused to grant, and shall cause such list to be published at such times, in such a manner, and at such places as, subject to the approval of the Court of Appeal, the registrar shall think convenient for giving due notice to any parties interested, of the hearing of such cases by the Court of Appeal. List of cases for daily sittings of court. Notices to appellants in custody (3) The registrar shall also prepare from such general list a list of appeals and applications which have been refused by a judge of the Court of Appeal when sitting under the Code, section 671L, which the Court of Appeal may consider on the days on which the Court of Appeal as fully constituted shall sit, and shall cause such list to be published at such times, in such places, and in such a manner as the registrar, subject to the approval of the Court of Appeal, shall think convenient for giving due notice to any parties interested therein of the hearing of the cases in such list by the Court of Appeal. (4) However, where an appellant is in custody, and has obtained leave or is entitled to be present at the hearing and determination of the appellant’s application or appeal, the registrar shall notify the appellant, the superintendent of the prison in which the appellant then is, and the Corrective Services Commission, of the probable day on which the appellant’s appeal or application will be heard. (5) The Corrective Services Commission shall take steps to transfer the appellant to a prison convenient for the appellant’s appearance before the Court of Appeal, at such a reasonable time before the hearing as shall enable the appellant to consult the appellant’s legal adviser (if any). † Appeals by the Crown from decisions of Court of Appeal under section 672 ˙ Notice of order to stay under section 672(1) 40.(1) When the court makes an order under the Code, section 672(1) directing that execution of the order quashing the conviction of the appellant shall be stayed, the registrar shall forthwith cause notice thereof and the terms of any order as to the detention of the appellant, or the appellant’s return to the appellant’s former custody, or for the appellant’s admission to bail as may have been made under that section to be given to the appellant
o 9, r 41 49 Criminal Practice Rules 1900 o 9, r 41 the form in the schedule, part 9, form 44, the superintendent of the prison in which the prisoner is then detained, and to the Corrective Services Commission. Notice of order for detention and bail under section 672(2) (2) When the Court of Appeal or a judge thereof makes an order under the Code, section 672(2) on the application of the Crown law officer for the detention of the appellant, or for the appellant’s admission to bail pending the hearing of an appeal to the High Court, the registrar shall forthwith cause notice of such order and the terms thereof to be given to the appellant in the form in the schedule, part 9, form 45, to the superintendent of the prison in which the prisoner is then or has been previously confined, and to the Corrective Services Commission, and shall at the same time, by writing, inform the appellant that if the appellant deems himself or herself wronged by any failure to prosecute diligently such appeal the appellant may apply to the court or a judge for an order for the immediate execution of the original order of the court quashing the conviction, and for the appellant’s immediate release and the payment of such compensation as the court thinks fit to award. Power of the court to order re-arrest on appeal by the Crown law officer under section 672(2) (3) If the appellant has been discharged from the appellant’s former custody, the Court of Appeal may at the time of making the order for the appellant’s detention under the Code, section 672(2) or at any later time issue a warrant in the form in the schedule, part 9, form 25 for the appellant’s apprehension and committal to prison. (4) The registrar shall give 1 clear day’s notice to the Crown law officer of any application by the appellant for an order for the immediate execution of such original order or for the appellant’s release or for an award of compensation, and the Crown law officer shall be entitled to be heard on such application before any such order is made. ˙ Payment of expenses under section 671F 41.(1) The registrar shall, subject to any regulation as to rates that may be prescribed by the Crown law officer, allow such amount as the registrar shall think proper for the expenses of any assessor appointed, and of any witnesses attending on the order of the court or examined, and of and
o 9, r 42 50 Criminal Practice Rules 1900 o 9, r 43 incidental to any examination or reference, and of the appearance of an appellant, on the hearing of the appellant’s appeal or on any proceeding preliminary or incidental thereto, and shall certify in the form in the schedule, part 9, form 34 to the Crown law officer the amounts the registrar shall have so allowed. (2) Application for the review of the registrar’s decision as to any of the items contained in such certificate may be made in writing by the Crown law officer or other person named therein within 14 days after such certificate shall have been signed. (3) The certificate of the registrar shall be amended if necessary in accordance with any direction given by the Court of Appeal or a judge thereof on such review. (4) The certificate of the registrar when not so required to be reviewed or after it has been so reviewed shall be final and conclusive, and shall be deemed sufficient authority for the payment to the persons named therein of the amounts set opposite their names. † Miscellaneous provisions 42. Except where otherwise provided in these rules, any application to the Court of Appeal may be made, orally or in writing, but in regard to such applications if the applicant is unrepresented and is in custody and is not entitled or has not obtained leave to be present before the court, the applicant shall make any such application by forwarding the same in writing in the manner prescribed in rule 43 to the registrar, who shall take the proper steps to obtain the decision of the court thereon. ˙ Service of orders and notices 43.(1) All orders for the production of any documents, exhibits, or other things connected with the proceedings, or for the attendance of any witness, shall, unless otherwise directed by the Court of Appeal, be personally served. (2) When personal service of any order or other document is required, the Commissioner of the Police Service shall, at the request of the registrar,
o 9, r 44 51 Criminal Practice Rules 1900 o 9, r 45 cause such order or other document to be served by one of the commissioner’s officers. (3) Any notice or other document of which personal service is not required by any rule or by the direction of the Court of Appeal may be served by post. (4) Any notice of appeal or of any application to the Court of Appeal by an appellant in custody shall be deemed to have been given at the time when it is delivered for posting to the superintendent of the gaol where the appellant is imprisoned, and the time of delivery shall be endorsed thereon by such officer. (5) Any notice of appeal or of any application to the Court of Appeal by an appellant not in custody shall be deemed to have been given at the time when it is delivered for posting to the chief officer of police at the place where the appellant was convicted, and the time of delivery shall be endorsed thereon by such officer. ˙ Notice by registrar to appellant of results of all applications 44. When the Court of Appeal has heard and dealt with any application under this chapter or these rules the registrar shall, (unless it appears to the registrar unnecessary so to do) give to the appellant (if the appellant is in custody and has not been present at the hearing of such application) notice of the decision of the Court of Appeal in relation to the said application. ˙ Non-compliance with rules not wilful may be waived by court 45.(1) Non-compliance on the part of an appellant with these rules or with any rule of practice for the time being in force under this chapter shall not prevent the further prosecution of the appellant’s appeal if the Court of Appeal or a judge thereof consider that such non-compliance was not wilful, and that the same may be waived or remedied by amendment or otherwise. (2) The Court of Appeal or a judge thereof may in such manner as it or the judge thinks right, direct the appellant to remedy such non-compliance, and thereupon the appeal shall proceed. (3) The registrar shall forthwith notify to the appellant any directions
o 9, r 46 52 Criminal Practice Rules 1900 o 9, r 50 given by the court or the judge thereof under this rule, where the appellant was not present at the time when such directions were given. ˙ Enforcing duties under rules 46. The performance of any duty imposed upon any person under this chapter or these rules may be enforced by order of the Court of Appeal. ˙ Warrants for arrest of appellants to be deemed to be warrants issued under Justices Act 1886 47. Any warrant for the apprehension of an appellant issued by the Court of Appeal shall be deemed to be, for all purposes, a warrant issued by a justice of the peace for the apprehension of a person charged with any indictable offence under the provisions of the Justices Act 1886 . ˙ A petitioner under section 672A(a), to be deemed an appellant for all purposes 48. When the Crown law officer exercises his or her powers under the Code, section 672A(a) and refers the whole case to the Court of Appeal, the petitioner whose case is so dealt with shall be deemed to be for all the purposes of the Code or these rules a person who has obtained from the Court of Appeal leave to appeal, and the Court of Appeal may proceed to deal with the petitioner’s case accordingly. ˙ Reference to court under section 672A(b) 49. Where the Crown law officer refers a point to the Court of Appeal under the Code, section 672A(b), such court shall, unless it otherwise determines, consider such point in private. 50. Where a person desires to take any step in the proceedings under this chapter, and the manner or form of procedure is not prescribed, such person may apply to a judge of the Court of Appeal for directions, and any step taken in accordance with the directions then given shall be deemed to be regular and sufficient.
o 10, r 1 53 Criminal Practice Rules 1900 o 10, r 4 † ORDER 10—PROCEEDINGS IN ERROR ˙ Error on judgment of Supreme Court or Circuit Court 1.(1) A person desiring to take proceedings in error under the provisions of the Supreme Court Act 1867 , section 26 in respect of a judgment of the Supreme Court, or of a Circuit Court, shall file in the registry, at Brisbane, a memorandum of appeal in error, which shall be in the form in the schedule or to the like effect. (2) Such memorandum shall not be filed without the fiat of a Crown law officer. ˙ Record to be drawn up 2. Upon the filing of such memorandum a formal record shall be drawn up and filed by the registrar, setting forth the conviction and judgment; and notice of such drawing up shall be given to the party filing the memorandum. ˙ Error on judgment of inferior court 3.(1) A party desiring to take proceedings in error under the provisions of the Supreme Court Act 1867 , section 26 in respect of a conviction and judgment of an inferior court, shall sue out a writ of error, which shall be in the form in the schedule, or to the like effect. (2) Such writ shall not be issued without the fiat of a Crown law officer. ˙ Return to writ 4.(1) The person to whom the writ is directed shall obey the exigency thereof, and shall cause the writ, with a formal record of the proceedings in the inferior court annexed thereto, to be filed in the registry at Brisbane. (2) Notice of such filing shall be given by the registrar to the party by whom the writ was sued out.
o 10, r 5 54 Criminal Practice Rules 1900 o 10, r 9 ˙ Assignment of error 5. Within 8 days after notice of the drawing up of the record or of the filing of the return to the writ of error, as the case may be, the plaintiff in error shall make out in writing, and deliver to the proper officer, a statement of the error which the plaintiff alleges to be on the face of the record. ˙ How made 6.(1) The statement may be delivered by the plaintiff in error either in person or by solicitor. (2) If the plaintiff is in custody, and desirous to deliver the statement in person, the plaintiff shall be brought into court for that purpose upon a writ of habeas corpus. (3) In any other case the statement shall be filed at the registry in Brisbane. ˙ Transfer of custody 7. If the plaintiff in error is in custody, and is brought up and delivers the plaintiff’s statement in person, the court may direct that the plaintiff shall be transferred to a Queen’s prison until the decision of the court is given upon the proceedings in error. ˙ Service—notice to join in error 8. A copy of the statement of errors shall be served upon the Attorney-General, and upon the prosecutor in the case of an information presented by leave of the court, having indorsed thereon a notice requiring the Attorney-General to file a joinder in error within 8 days. ˙ Joinder in error 9.(1) Joinder in error shall be in the form in the schedule, and shall be filed in the registry by the Attorney-General, or such other prosecutor as aforesaid, within 8 days after service of the notice. (2) A copy of the joinder shall on the same day be served on the plaintiff in error, or the plaintiff’s solicitor if the plaintiff proceeds by solicitor.
o 10, r 10 55 Criminal Practice Rules 1900 o 10, r 13 ˙ Setting down for argument 10.(1) At any time after the filing of the joinder in error the case may be set down for argument by either party. (2) Notice of setting down shall be given to the other party 4 clear days before the day for which the case is set down, and copies of the record and joinder shall be left at the chambers of the judges who are to sit on the argument 4 days at least before such day. ˙ Judgment 11.(1) If judgment is given for affirming the judgment of the court below, the judgment shall, if necessary, direct that the plaintiff in error be remanded to the plaintiff’s former custody. (2) If judgment is given for reversing the judgment of the court below, it shall direct that the plaintiff in error be discharged from the plaintiff’s custody under the judgment in question. ˙ Proceedings in default of joinder in error 12.(1) If a joinder in error is not filed and served within the prescribed time, the plaintiff in error, being personally present in court, for which purpose the plaintiff shall be brought up by habeas corpus, if in custody, may, by himself or herself or the plaintiff’s counsel, move the court for an order nisi for judgment. (2) Upon the return of the order nisi the court shall examine the record, and if no sufficient cause is shown shall give judgment of reversal, or such other judgment as ought to have been given in the court below. ˙ Certificate of judgment 13.(1) In the case of the reversal or amendment of a judgment of an inferior court the registrar shall certify the judgment in error, under the registrar’s hand and the seal of the court, to the proper officer of the inferior court, who shall enter the same on the original record. (2) In every case of the reversal of a judgment, if the plaintiff in error is in custody under the judgment, the registrar shall transmit a certificate of the
o 10, r 14 56 Criminal Practice Rules 1900 o 10, r 16 judgment, under the registrar’s hand and the seal of the court, to the superintendent of the prison who has the custody of the plaintiff in error, and such certificate shall be a sufficient warrant for the discharge of the plaintiff in error from custody under that judgment. ˙ Bail pending proceedings in error 14. When a memorandum of appeal in error has been filed, or a writ of error has been issued, the court or a judge may admit the plaintiff in error to bail and may, if the court or judge thinks it right to do so, order such person forthwith to enter into a recognisance or other security, with or without sureties, and in such sum as the court or judge may think fit, conditioned to prosecute the proceedings in error without delay, and to render himself or herself in execution if the judgment be not reversed. ˙ Certificate of registrar 15.(1) Every such recognisance or other security shall be filed in the registry, and the registrar shall thereupon make out and deliver a certificate sealed with the office seal that the same is duly filed; which certificate shall be a sufficient warrant in the case of a fine levied in execution of the judgment, for the repayment thereof by any person who has in the person’s possession the whole or any part of the fine. (2) However, no person who has received any such money and has paid it over to any other person in due course of law shall be liable to repay to the plaintiff in error any part of the money so paid over. ˙ Default 16. If the plaintiff in error makes default in prosecuting the proceedings of error with effect, or in any other way makes default in performance of the conditions of the plaintiff’s recognisance or security, the court or a judge may estreat the recognisance or enforce the security in a summary way, and may order the memorandum of appeal in error or the writ of error to be quashed without argument; and in every such case the plaintiff in error shall be liable to execution upon the judgment and a judge may forthwith issue a warrant under the judge’s hand for the arrest of the plaintiff in error accordingly.
o 10, r 17 57 Criminal Practice Rules 1900 o 11, r 2 ˙ Fine repaid to be again paid on affirmance 17. When the judgment against a plaintiff in error is for payment of a fine and imprisonment until such fine be paid, either with or without imprisonment for a certain time, then, if the plaintiff in error has paid the fine, and the same or any part thereof has been levied and has been received back under the provisions of rule 15, and the judgment of the court below is affirmed, the plaintiff in error shall not be entitled, by reason of such payment, to be discharged from imprisonment, notwithstanding the expiration of any certain time of imprisonment for which the original judgment was given, until the fine is again paid. † ORDER 11—ARTICLES OF THE PEACE ˙ Leave to file 1. Any person may, by leave of the court or a judge, file in the registry a statement in writing ( “articles of the peace” ) setting forth that some other person has threatened to do to the complainant, or to his or her wife, husband or child, or to some person under his or her care or charge, some bodily injury, or to burn or injure his or her house, or otherwise to commit some breach of the peace towards the person or his or her wife, husband or child or such other person, or to procure others to commit such a breach of the peace or to do such an injury, or has used language indicating an intention to commit such a breach of the peace or to do such an injury, or procure it to be committed or done, and that the complainant is in fear of the person so accused, and desires that the person may be required to find sufficient sureties to keep the peace. ˙ Evidence 2.(1) The application must be supported by affidavits showing that the complainant has good reason to seek the assistance of the court. (2) The affidavits shall be entitled ‘In the Supreme Court of Queensland’ only.
o 11, r 3 58 Criminal Practice Rules 1900 o 11, r 6 ˙ Form of articles 3.(1) The articles must set forth in detail the facts relied upon by the complainant, and must be verified by the complainant’s oath. (2) Affidavits in confirmation may be filed at any time before the application mentioned in rule 4. (3) The articles and all subsequent proceedings shall be entitled ‘The Queen on the complaint of A.B. against C.D.’ ˙ Motion to show cause 4.(1) At any time after the articles have been filed the complainant may apply to the court for an order calling on the accused person to show cause why the accused person should not give security to keep the peace towards the complainant or such other person as aforesaid. (2) A copy of the articles and of the confirmatory affidavits (if any) shall be served with the order nisi. ˙ Order for security 5.(1) On the return of the order nisi the accused person may read affidavits in answer to the articles, and may be heard by himself or herself or by counsel upon them or upon the articles. (2) If sufficient cause is not shown to the satisfaction of the court, the court may order the accused person to give security by recognisance or in such other manner as the court may think fit, with or without sureties, and in such sum as the court may think fit, conditioned that the accused person will keep the peace towards the complainant, or other person for whose benefit the complaint is made, for such period as the court may direct, and may commit the accused person to a Queen’s prison until the security is given. ˙ Default in giving security 6. If a person ordered to give security fails to do so within the time prescribed by the order, the court or a judge may order that the person be committed to a Queen’s prison until the security is given.
o 11, r 7 59 Criminal Practice Rules 1900 o 12, r 2 ˙ Application to Circuit Court 7.(1) Articles of the peace may be filed in a Circuit Court by leave of the judge of that court. (2) Rules 1 to 6 shall apply to articles so filed. ˙ Removal of articles of the peace from Circuit Court 8.(1) Articles of the peace filed in a Circuit Court and orders made thereon may be removed into the Supreme Court at the instance of either the complainant or the defendant, for which purpose it shall not be necessary to obtain a writ of certiorari, but the court or a judge may direct that the proceedings in the Circuit Court shall be filed of record in the Supreme Court; and thereupon the order (if any) may be enforced in the same manner as if it had been made by the Supreme Court, or may be quashed. (2) The affidavits intended to be used on the application for an order to file the proceedings in the Supreme Court shall be entitled ‘In the matter of articles of the peace filed in the Circuit Court at B. by A.B. against C.D.’ † ORDER 12—CERTIORARI TO INFERIOR COURTS ˙ Title of affidavits 1. Affidavits intended to be used on an application for a writ of certiorari to remove an indictment from a District Court or other inferior court into the Supreme Court shall be entitled ‘In the Supreme Court of Queensland, and In the matter of an indictment presented in the District Court at B. (or other court, naming it) against C.D.’ ˙ Grounds for removal 2. A writ of certiorari for the removal of an indictment from a District Court or other inferior court into the Supreme Court shall be granted, except on the application of a Crown law officer acting on behalf of the Crown,
o 12, r 3 60 Criminal Practice Rules 1900 o 12, r 4 either at the instance of the prosecutor or of the accused person, unless it is made to appear to the court or judge by the party applying that a fair and impartial trial of the case cannot be had in the court below, or that some question of law of more than usual difficulty and importance is likely to arise upon the trial, or that a special jury is required for a satisfactory trial of the cause. ˙ Security for costs of prosecution 3. A writ of certiorari for the removal of an indictment from a District Court or other inferior court into the Supreme Court shall not be issued, except on the application of a Crown law officer acting on behalf of the Crown, until the accused person at whose instance it has been directed to issue has given security, by recognisance, or in such other manner as the court or judge may direct, with or without sureties, and in such sum as the court or judge may think fit, conditioned that the accused person will appear and plead in open court to the indictment, and proceed to trial at the next criminal sittings of the Supreme Court at Brisbane or Rockhampton or Townsville forthwith, or at the sittings of such other court, and at such time and place, as the Supreme Court or a judge may direct, and will personally attend from day to day at the trial of the indictment, and not depart till the accused person shall be discharged by the court, and that the accused person will pay the costs of the prosecution subsequent to the removal of the indictment, if the accused person is convicted. ˙ Time and notice 4. An order nisi for a writ of certiorari to remove a judgment, conviction, order, or other proceeding, of a District Court, other than an indictment presented therein, or a judgment, conviction, order, or other proceeding of any other inferior court or tribunal, or of justices in a criminal cause, shall not be granted unless it is made within 6 months after the date of such judgment, conviction, order, or other proceeding, nor unless it is proved upon affidavit that the applicant has given 6 days notice of the intended application to the District Court, justice, or other person or persons by or before whom the judgment, conviction, order, or other proceeding was made or taken, or to 2 of them if more than 1.
o 12, r 5 61 Criminal Practice Rules 1900 o 12, r 8 ˙ Objections to be stated in order 5. Any mistake or omission in any judgment, conviction, order, or other proceeding which is intended to be relied upon as a ground for quashing such judgment, conviction, order, or proceeding shall be stated in the order nisi; otherwise an objection on account of such omission or mistake shall not be allowed. ˙ Service 6. In the case of orders to show cause why a writ of certiorari should not be issued addressed to a Magistrates Court justice, service of the order on the clerk of the court shall be sufficient. ˙ Security for costs on certiorari to bring up convictions or orders of justices 7. A writ of certiorari to remove a judgment, conviction, or order, of a District Court, or of any other inferior court or tribunal, or of justices, shall not be issued, except on the application of a Crown law officer, until the applicant has given security in the sum of $100, conditioned to prosecute the writ with effect at the applicant’s own cost without delay, and to pay within 10 days to the party in whose favour the judgment, conviction, or order, was given or made, in the event of the same being confirmed, such costs (if any) as the court shall order. ˙ Quashing order in first instance 8.(1) When cause is shown against an order nisi for a writ of certiorari to remove a conviction or order of justices, the court, if it directs the writ to issue, may by the same order direct that the conviction or order shall be quashed on return without further order; and in such case no security need be given as required by rule 7, and a memorandum to that effect shall be indorsed upon the writ by the officer by whom it is issued. (2) In any such case the conviction or order shall be quashed, upon being returned to the court, without further order.
o 12, r 9 62 Criminal Practice Rules 1900 o 13, r 6 ˙ When no cause shown 9.(1) When cause is not shown against an order nisi for a writ of certiorari to bring up a conviction or order of justices, or when the order is absolute in the first instance, the applicant may apply to the court or a judge for an order to quash the conviction or order. (2) Such application shall be made upon notice to the parties interested in supporting the conviction or order. † ORDER 13—APPEALS FROM JUSTICES ˙ Title of affidavits 1. Affidavits intended to be used upon an application for an order to review under the Justices Act 1886 , section 209 shall be entitled ‘In the Supreme Court of Queensland,’ without any other title. ˙ Title of proceedings 2. The order nisi and all subsequent proceedings shall be further entitled ‘A.B. v. C.D.’ giving the name of the cause or matter before the justices, followed by the words ‘ex parte C.D.,’ giving the name of the appellant. ˙ Grounds to be stated 3. The order nisi shall state the grounds relied on by the appellant. ˙ Service on Attorney-General 4. When the appeal is from a conviction, the order nisi must be served upon the Attorney-General as well as upon the complainant and justices. ˙ Date of appeal to be noted 6. The registrar shall note upon the case, when received by the registrar,
o 13, r 7 63 Criminal Practice Rules 1900 o 14, r 2 the day when it was so received, and, if it was transmitted to the registrar by post, the day on which it purports to have been posted. ˙ Setting down 7.(1) The appellant must, within 7 days after the case is received by the registrar, set the same down for hearing. (2) If the appellant fails to do so, the respondent may set it down for hearing. † ORDER 14—FORMS ˙ Schedule of forms 1. The forms contained in the schedule to these rules may be used in the several cases and for the several purposes for which they are respectively applicable, and when so used shall be sufficient. ˙ Use of forms of statements of offences 2. The forms prescribed by these rules for the statement of offences in indictments may be used in all courts, and similar forms may be used in complaints before justices, and in all other proceedings founded upon such complaints in which it is necessary to set forth a statement of an offence.
64 Criminal Practice Rules 1900 ¡ SCHEDULE † FORMS OF PROCEEDINGS order 14, rule 1 † INDEX OF FORMS UNDER CRIMINAL APPEAL RULES Form 1 2 3 3A 3B 4 6 7 8 11 12 13 24 Rule by which provided 7(1), (2) 20 24(1) 19A 19A 23 22 24(2)–(10) 24(2)–(10) 24(2)–(10) and 31(1) 6(1) 6(7) 27(2) Description Judge’s certificate Particulars of trial Notice of appeal or application for leave to appeal against conviction or sentence Notice of appeal against sentence Reference by Attorney-General under the Criminal Code, section 669A Notice of application for extension of time within which to appeal Notice of abandonment Notification to appellant of judge’s decision under section 671L Notice of application for rehearing by Court of Appeal under section 671L Notice that refusal of single judge has become final through failure to apply for rehearing by Court of Appeal Form of oath for shorthand writer Declaration verifying transcript of shorthand notes Warrant for arrest of appellant on bail
65 Criminal Practice Rules 1900 SCHEDULE (continued) 25 40(3) Warrant for re-arrest on appeal by Crown law officer under section 672(2) 26 8(3)–(7) Recognisance of appellant sentenced to payment of a fine 27 8(3)–(7) Recognisance of sureties for appellant sentenced to payment of a fine 28 8(9) Notice to appellant sentenced to a fine, of breach of the appellant’s recognisance 29 8(9) Notice to surety for appellant of estreat of recognisance 30 37(9)–(10) Caption for deposition of witness before examiner 31 37(1) Order to witness to attend court for examination 32 37(2) Appellant’s application for further witnesses 33 37(7) Notice to witness to attend before examiner 34 41 Registrar’s certificate for expenses 35 24(2)–(10) Order by single judge under section 671L 36 24(2)–(10) Order of the Court of Appeal 40 2 Order to superintendent of prison after dismissal of appeal to take appellant on bail into custody 44 40(1) Notification to appellant of order staying proceedings under section 672(1) 45 40(2) Notification to appellant on appeal by Crown law officer to High Court under section 672(2) 46 2 Order to superintendent of prison, where High Court reverses order quashing conviction to take appellant into custody
66 Criminal Practice Rules 1900 SCHEDULE (continued) † PART 1—FORMS RELATING TO INDICTMENTS, INFORMATIONS, AND COMPLAINTS † SECTION 1—FORMAL PARTS † A—TITLES Form 1 In the Supreme Court In the Supreme Court of Queensland. [Rockhampton or Townsville.] [ or At Bar]. The Queen against A.B. [and C.D.]. Form 2 In a Circuit Court QUEENSLAND. In the Circuit Court at [Ipswich]. The Queen against A.B. [and C.D.].
67 Criminal Practice Rules 1900 SCHEDULE (continued) Form 3 In a District Court QUEENSLAND. In the District Court holden at [Brisbane]. The Queen against A.B. [and C.D.]. † B—INTRODUCTORY PART Form 1 INDICTMENT ( Title .) The day of , 19 ( the first day of the sitting of the court .) The Honourable A.R., Attorney-General [ or Solicitor-General] for our Lady the Queen [ or J.J.K., duly appointed to prosecute for our Lady the Queen in this behalf] informs the court that on the day of at ( state the place where the offence was committed so as to show that the case is within the jurisdiction of the court ) A.B. [and C.D.] ( here follows the statement of the offence ). ( To be signed ) A.R., Attorney-General [ or Crown prosecutor]. Form 2 INFORMATION BY LEAVE
68 Criminal Practice Rules 1900 SCHEDULE (continued) ( Title. ) Z.Y., who by leave of the court prosecutes for our Lady the Queen in this behalf, informs the court that ( etc. as in form 1). ( To be signed ) Z.Y. † SECTION 2—STATEMENT OF OFFENCES † A—OFFENCES AGAINST PUBLIC ORDER † 1—TREASON AND OTHER OFFENCES AGAINST THE SOVEREIGN’S PERSON AND AUTHORITY Form 1 TREASON Code, section 37(e) to (h) (1.) Levied war against our said Lady the Queen, with intent thereby to depose our said Lady the Queen from the style, honour, and royal name of the Imperial Crown of the United Kingdom of Great Britain and Ireland [ or of the Commonwealth of Australia ( or as the case may be )] [ or in order, by force ( or constraint), to compel our said Lady the Queen to change her royal measures ( or counsels) or in order to put force ( or constraint) upon ( or to intimidate or overawe) the Legislative Assembly of Queensland ( or as the case may be ): And that the said A.B. [and C.D.], in pursuance and execution of his [ or her or their] purpose of levying war against our said Lady the Queen as aforesaid, on etc. at etc. assembled with divers other persons armed with firearms and other warlike weapons ( or as the case may be, describe briefly the overt act or acts alleged ). (2.) Conspired together [ or with one M.N. (and divers other persons to the said Attorney-General ( or J.J.K.) unknown)] to levy war against our said Lady the Queen, with intent thereby ( etc. as in ( a )): And that the said
69 Criminal Practice Rules 1900 SCHEDULE (continued) A.B. [and C.D.], in pursuance and execution of the said conspiracy, published a pamphlet inciting any persons who might read it to make an armed insurrection in Queensland ( or as the case may be, describe briefly the overt act or acts alleged ). (3.) Instigated [one E.F. and] divers [other] persons to the said Attorney- General [ or J.J.K.] unknown, being foreigners, to make an armed invasion of Queensland [ or New South Wales ( or as the case may be )]: And that the said A.B. [and C.D.], in pursuance and execution of the purpose aforesaid, sent a communication in writing to one G.H., offering to supply a vessel to the foreigners aforesaid to convey them from the island of X. to Queensland ( or as the case may be, describe briefly the overt act or acts alleged ). (4). Our said Lady the Queen then being at war with ( state the enemy ), assisted the said ( enemy ) by supplying firearms to the said ( enemy ) ( or as the case may be, describe briefly the overt act or acts of assistance alleged ). Form 2 CONCEALMENT OF TREASON Section 38 (1). State the treason in 1 of the preceding forms and proceed thus— And that E.F. on etc. at etc. knowing that the said A.B. had committed the crime aforesaid, received [ or assisted] him [ or her] in order to enable him [ or her], the said A.B., to escape punishment. (2). Knowing that one E.F. intended to commit treason, that is to say, intended to [conspire with other persons to] levy war against our said Lady the Queen with intent ( etc. as in form 1(1) or (2)) [ or intended to instigate etc. as in form 1(3)] [ or intended, our said Lady the Queen being then at war with ( state the enemy ) to assist the said ( etc. as in form 1(4)], did not give information thereof with all reasonable dispatch to a justice of the peace, nor use other reasonable endeavours to prevent the commission of the said intended crime.
70 Criminal Practice Rules 1900 SCHEDULE (continued) Form 3 TREASONABLE CRIMES Section 39 (1). Formed an intention to depose our said Lady the Queen from the style, honour, and royal name of the Imperial Crown of the United Kingdom of Great Britain and Ireland [ or of the Commonwealth of Australia ( or as the case may be )]: And that the said A.B. [and C.D.] manifested such intention by the acts next hereinafter stated, that is to say, by publishing a pamphlet inciting any persons who might read it to rise in insurrection against our said Lady the Queen, ( or as the case may be, describe briefly the overt act or acts alleged ). (2). Formed an intention to levy war against our said Lady the Queen within Queensland ( or as the case may be ) in order by force [ or constraint] to compel our said Lady the Queen to change her royal measures [ or counsels] [ or in order to put force ( or constraint) upon ( or to intimidate or overawe) the Legislative Assembly of Queensland ( or as the case may be )]: And that the said A.B. [and C.D.] manifested such intention by ( etc. as in (1)). (3). Formed an intention to instigate certain foreigners to make an armed invasion of Queensland ( or as the case may be ): And that the said A.B. [and C.D.] manifested such intention by ( etc. as in (1)). Form 4 INCITING TO MUTINY Section 41 (1). Advisedly attempted to seduce one M.N., who was then serving in the naval forces of our said Lady the Queen by sea [ or land], from his [ or her] duty and allegiance to our said Lady the Queen. (2). Advisedly attempted to incite one M.N., who was then serving in the forces of our said Lady the Queen by sea [ or land], to commit an act of
71 Criminal Practice Rules 1900 SCHEDULE (continued) mutiny [ or a traitorous ( or mutinous) act]. (3). Advisedly attempted to incite one M.N. and others who were then serving in the forces of our said Lady the Queen by sea [ or land], to make [ or endeavour to make] a mutinous assembly. Form 5 ASSISTING ESCAPE OF PRISONERS OF WAR Section 42 (1). Knowingly and advisedly aided one M.N., then being an alien enemy of our said Lady the Queen, and then being a prisoner of war in Queensland, to escape from the prison [ or place] wherein he [ or she] was then confined [ or and then being at large on his [ or her] parole, to escape from Queensland]. (2). State the place of committing the offence thus : On the high seas within the territorial waters of Queensland and proceed thus : Being a person who then owed allegiance to our said Lady the Queen, did, after one M.N., then being an alien enemy of our said Lady the Queen, and being a prisoner of war, had escaped by sea from Queensland [ or New South Wales ( or as the case may be )], aid the said M.N. in his [ or her] escape to [ or towards] another place [ or dominion], namely, British New Guinea ( or as the case may be) .
72 Criminal Practice Rules 1900 SCHEDULE (continued) † 2—SEDITION Form 6 UNLAWFUL OATHS TO COMMIT CERTAIN CRIMES Section 47 (1). Administered [ or Was present at and consented to the administering] to one M.N. [of] an oath [ or an engagement in the nature of an oath] purporting to bind the said M.N. to commit the crime of treason ( or as the case may be ). (2). Took an oath [ or an engagement in the nature of an oath] purporting to bind him [ or her] to commit the crime of treason ( or as the case may be ), he [ or she] the said A.B. not being then compelled to take such oath [ or engagement]. (3). Attempted to induce one M.N. to take an oath [ or an engagement in the nature of an oath] purporting to bind the said M.N. to commit the crime of treason ( or as the case may be ). Form 7 OTHER UNLAWFUL OATHS TO COMMIT OFFENCES Section 48 (1). Administered [ or Was present at and consented to the administering] to one M.N. [of] on oath [ or an engagement in the nature of an oath] purporting to bind the said M.N. (a) to engage in a mutinous [ or seditious] enterprise; or (b) to commit an indictable offence namely, ( state the offence ).* or (c) to disturb the public peace; or (d) to be a member of an association [ or society or confederacy] formed for the purpose of engaging in a mutinous [ or seditious] enterprise
73 Criminal Practice Rules 1900 SCHEDULE (continued) [ or of committing an indictable offence namely, ( state the offence ), or of disturbing the public peace]; or (e) to obey the order [ or commands] of a committee [ or body] of men not lawfully constituted [ or of a leader ( or commander or person) not having authority of law to give such order ( or commands)]; or (f) not to inform or give evidence against any person associated [ or confederated] with him [ or her] [ or against certain persons who had then lately committed an indictable offence ( or as the case may be )]; or (g) not to reveal [ or discover] a certain unlawful association [ or society or confederacy] then existing; or (h) not to reveal [ or discover] any illegal act theretofore done [ or that might thereafter be done] by himself [ or herself] [ or by certain persons then associated ( or to be associated) with him [ or her]] [ or (the import of) any illegal oath ( or engagement) that might have been administered ( or tendered to or taken by) himself [ or herself] ( or certain persons then associated ( or to be associated) with him [ or her])]. (2). Took an oath [ or an engagement in the nature of an oath] purporting to bind him [ or her] ( etc. as in (1)), he [ or she] the said A.B. not being then compelled to take such oath [ or engagement]. (3). Attempted to induce one M.N., to take an oath [ or on engagement in the nature of an oath] purporting to bind him [ or her] the said M.N. ( etc. as in (1)). Form 8 UNLAWFUL DRILLING Section 51 (1). In contravention of the directions of a proclamation of the Governor in Council in that behalf trained [ or drilled], one M.N. and others [to the said Attorney-General ( or to the said J.J.K.) unknown] to the use of arms [ or to the practice of military exercises ( or movements or evolutions)].
74 Criminal Practice Rules 1900 SCHEDULE (continued) (2). Was present at a meeting [ or assembly] of persons held in contravention of the directions of a proclamation of the Governor in Council in that behalf for the purpose of there training [ or drilling] divers other persons [ or one M.N. and others ( etc. as in (1))] to the use of arms ( or etc. as in (1)). (3). Was present ( etc. as in (2) to ‘behalf’), (a) and being so present was trained [ or drilled] to the use of arms [ or etc. as in (1)); or (b) for the purpose of being trained [ or drilled] to the use of arms ( or etc. as in (1)). Form 9 SEDITION Section 52 (1). Conspired together or with one M.N. or with divers persons to the said Attorney-General ( or J.J.K.) unknown] to carry into execution an enterprise having for its object (a) to bring our said Lady the Queen into hatred and contempt; or (b) to excite disaffection against our said Lady the Queen [ or against the Government ( or Constitution) of Queensland as by law established] [ or against the Legislative Assembly of Queensland] [ or against the administration of justice]; or (c) to excite the subjects of our said Lady the Queen to attempt to procure the alteration of certain matters in the State, as by law established, otherwise than by lawful means; or (d) to raise discontent and disaffection amongst the subjects of our said Lady the Queen; or (e) to promote feelings of ill will and enmity between different classes of the subjects of our said Lady the Queen.
75 Criminal Practice Rules 1900 SCHEDULE (continued) (2). Advisedly spoke [ or wrote or printed] and published the seditious words [ or writing] following, that is to say ( set out or describe the seditious words or writing with such innuendoes as may be necessary to set forth any meaning attributed to it which is not apparent on its face ). Form 10 DEFAMATION OF FOREIGN PRINCES Section 53 Unlawfully spoke [ or wrote or printed] and published of and concerning the Queen of the Netherlands ( or as the case may be) the defamatory matter following ( set out or describe the matter in question with such innuendoes as may be necessary to show that it tends to expose the prince or person defamed to hatred and contempt in the estimation of the people of the foreign state ). † 3—OFFENCES AGAINST THE EXECUTIVE AND LEGISLATIVE POWER Form 11 INTERFERENCE WITH GOVERNOR OR MINISTERS Section 54 (1). Advisedly wrote and sent to the Governor of Queensland a letter threatening to kill [ or assault or make a false accusation against] the said Governor, if he [ or she] did not remit the sentence then lately passed upon one M.N. [ or if he [ or she] did not forthwith dismiss his [ or her] Ministers] ( or as the case may be, set out the act charged ): Such act of the said A.B. being calculated to interfere with the free exercise by the said Governor of the duties [ or authority] of his [ or her] office.
76 Criminal Practice Rules 1900 SCHEDULE (continued) (2). Advisedly wrote and sent to one R.P., then being a member of the Executive Council of Queensland, a letter threatening to do him [ or her] bodily harm if he [ or she] did not, as a member of the said Executive Council, concur in advising the Governor of the said State to appoint one M.N. to an office of profit in the public service of Queensland ( or as the case may be ): Such act of the said A.B. being calculated to interfere with the free exercise by the said R.P. of the duties [ or authority] of his [ or her] office as a member of the said Executive Council [ or as a Minister of State]. Form 12 INTERFERENCE WITH THE LEGISLATURE Section 55 (1). Advisedly and by force [ or fraud] interfered [ or attempted to interfere] with the free exercise by the Legislative Assembly of Queensland of its authority. (2). Advisedly and by force [ or fraud] interfered [ or attempted to interfere] with the free exercise by one E.F., then being a member of the Legislative Assembly of Queensland, of his [ or her] duties [ or authority] as such member [ or as a member of a committee of the said Legislative Assembly. Form 13 DISTURBING THE LEGISLATURE Section 56 (1). Advisedly disturbed the Legislative Assembly of Queensland while the said Assembly was in session. (2). Advisedly, and in the immediate view and presence of the
77 Criminal Practice Rules 1900 SCHEDULE (continued) Legislative Assembly of Queensland, while the said Assembly was in session, conducted himself [ or herself] in a violent and disorderly manner, tending [ or as the case may be, stating the act alleged , in such a manner as to tend] to interrupt the proceedings [ or to impair the respect due to the authority] of the said Assembly. Form 14 FALSE EVIDENCE BEFORE PARLIAMENT Section 57 Attended before [a committee of] the Legislative Assembly of Queensland and was then examined touching a matter then in course of inquiry before the said Legislative Assembly [ or committee] and then and there, in answer to a lawful and relevant question put to him [ or her] in the course of such examination, knowingly made a false statement to the effect that ( state substance of false answer ). Form 15 WITNESSES REFUSING TO ATTEND OR GIVE EVIDENCE BEFORE PARLIAMENT OR PARLIAMENTARY COMMITTEE Section 58 (1). Having been duly summoned to attend as a witness [ or to produce a certain book ( or as the case may be ) then in his [ or her] possession] before the Legislative Assembly of Queensland [ or before a committee of the Legislative Assembly of Queensland authorised to summon witnesses ( or to call for the production of the book ( or as the case may be ) aforesaid, and which book ( or as the case may be ) was relevant and proper to be then produced)], refused [ or neglected] without lawful excuse to attend pursuant to the summons [ or to produce the book ( or as the case may be ) aforesaid which he [ or she] was so summoned to produce].
78 Criminal Practice Rules 1900 SCHEDULE (continued) (2). Being present before the Legislative Assembly of Queensland [ or before a committee of the Legislative Assembly of Queensland authorised to summon witnesses], refused to answer a lawful relevant question then put to him [ or her] by authority of the said Legislative Assembly [ or committee]. Form 16 MEMBER OF PARLIAMENT RECEIVING BRIBES Section 59 Being a member of the Legislative Assembly of Queensland, asked [ or received or obtained or agreed ( or attempted) to receive ( or obtain)] from one M.N. certain money, namely $200 [ or certain shares in a joint stock company called the X.Y. Company, Limited ( or as the case may be )], [ or a certain benefit, that is to say, an extension of credit in respect of a debt then due by him [ or her] ( or one Q.R.) to one O.P. ( or as the case may be )] for himself [ or herself] [ or for the said Q.R.] upon an understanding that his [ or her] vote [ or opinion or judgment or action] in [a committee of] the said Legislative Assembly [of which he [ or she] was then a member] should be influenced thereby [ or should be given in a particular manner or should be given in favour of a particular side of a certain question ( or matter) then and there depending for determination]. Form 17 BRIBERY OF MEMBER OF PARLIAMENT Section 60 (1). In order to influence one M.N., then being a member of the Legislative Assembly of Queensland, in his [ or her] vote [ or opinion or judgment or action] upon a certain question [ or matter] which had then lately arisen [ or which was then about to arise] in the said Legislative
79 Criminal Practice Rules 1900 SCHEDULE (continued) Assembly [ or in a committee of the said Legislative Assembly of which the said M.N. was then a member] [ or In order to induce one M.N., then being a member of the Legislative Assembly of Queensland to absent himself [ or herself] from the said Legislative Assembly ( or from a committee of the said Legislative Assembly) of which the said M.N. was then a member] gave to [ or conferred upon or procured for or promised ( or offered) to give to ( or confer upon or procure ( or attempt to procure) for)] the said M.N. [ or one O.P.] a certain sum of money, namely, $200 ( or etc. as in form 16 ). (2). Attempted, by fraudulently representing to one M.N., then being a member of the Legislative Assembly of Queensland, that ( state fraudulent representation ) to influence the said M.N. ( or Attempted by threats ( or intimidation) to influence one M.N., then being ( etc. as above )] in his [ or her] vote ( or etc. as in (1)). (3). Attempted, by fraudulently representing to one M.N., then being a member of the Legislative Assembly of Queensland, that ( state fraudulent representation ) to induce the said M.N. [ or Attempted by threats ( or intimidation) to induce one M.N., then being ( etc. as above )] to absent himself [ or herself] from the said Legislative Assembly [ or from a committee of the said Legislative Assembly of which the said M.N. was then a member]. † 4—UNLAWFUL ASSEMBLIES: BREACHES OF THE PEACE Form 18 UNLAWFUL ASSEMBLY Section 62 And other persons assembled together to the number of 3 [and more] in such a manner [ or And other persons assembled together to the number of 3 (and more), and, being so assembled, conducted themselves in such a
80 Criminal Practice Rules 1900 SCHEDULE (continued) manner] as to cause the subjects of our said Lady the Queen in the neighbourhood to fear on reasonable grounds that he [ or she] the said A.B. and the other persons so assembled would tumultuously disturb the peace [ or would needlessly and without reasonable occasion provoke a tumultuous disturbance of the peace]. Form 19 RIOT Section 63 As in form 18 to the end and add : And that the said A.B. and the other persons aforesaid, being so assembled together, then and there tumultuously disturbed the peace. Form 20 RIOTERS REMAINING AFTER PROCLAMATION ORDERING THEM TO DISPERSE Section 64 (1). And other persons were riotously assembled together to the number of 12 [and more]: And that thereupon one S.T., a justice of the peace ( or as the case may be ), being amongst the persons so assembled together [ or being as near to the said persons so assembled together as he [ or she] could safely go], commanded [ or caused command to be made] with a loud voice that silence should be kept while the proclamation next hereinafter mentioned was made, and then made [ or caused to be made] openly and with a loud voice a proclamation in the words following, that is to say, ‘Our Sovereign Lady the Queen charges and commands all persons here assembled immediately to disperse themselves and peaceably to depart to their habitations or to their lawful business, or they will be guilty of a crime, and will be liable to be imprisoned and kept to hard labour for life; God
81 Criminal Practice Rules 1900 SCHEDULE (continued) save the Queen’: Yet the said A.B. [and C.D.] and others being so assembled, continued together to the number of 12 [and more], and did not disperse themselves within the space of an hour after the said proclamation was so made. (2). Divers persons to the number of 12 [and more] were riotously assembled together: And that thereupon one S.T., a justice of the peace ( or as the case may be ), went to make [ or began to make] a proclamation commanding the said persons so assembled to disperse themselves, as by law it was his [ or her] duty to do: And that A.B. [and C.D.] then and there wilfully and knowingly and by force opposed [ or obstructed or hurt] the said S.T. in the performance of his [ or her] duty aforesaid, and thereby prevented such proclamation from being made. (3). And other persons were riotously assembled together to the number of 12 [and more]: And that thereupon one S.T., a justice of the peace ( or as the case may be ), went to make [ or began to make] a proclamation commanding the said persons so assembled to disperse themselves, as by law it was his [ or her] duty to do: And that thereupon divers persons, to the said Attorney-General [ or J.J.K.] unknown, by force prevented the making of such proclamation: And that the said A.B. [and C.D.], being 1 [ or some] of the persons so assembled to whom such proclamation would or ought to have been made if the making thereof had not been so prevented, and knowing of such prevention, continued together with others of the persons so assembled to the number of 12 [and more], and did not disperse themselves within the space of an hour after the time of such prevention. Form 21 RIOTERS DEMOLISHING BUILDINGS ETC. Section 65 [And other persons,] being riotously assembled together [to the number of 3 (and more)], unlawfully pulled down [ or destroyed or began to pull down ( or destroy)] a building, namely, a church ( or as the case may be, describing the building ) [ or certain fixed ( or moveable) machinery, namely,
82 Criminal Practice Rules 1900 SCHEDULE (continued) a steam engine ( or electrical engine or as the case may be ), the property of one E.F.] [ or a barn ( or as the case may be ) used in farming land the property of one E.F.] [ or a bridge ( or wagonway or trunk) for conveying minerals from a mine, the property of one E.F.]. Form 22 RIOTERS INJURING BUILDINGS, MACHINERY ETC. Section 66 [And other persons] being riotously assembled together [to the number of 3 (and more)], unlawfully damaged a building ( or as the case may be, describe the building or property as in form 21 ). Form 23 SMUGGLING OR RESCUING GOODS UNDER ARMS Section 67 And other persons assembled together to the number of 3 [and more] armed with firearms [ or with dangerous ( or offensive) weapons, namely, airguns, or as the case may be ]. (a) In order to unlawfully ship [ or unship or load or move or carry away] [ or to aid in the unlawful shipping ( or unshipping or loading or moving or carrying away) of] certain goods the importation whereof was prohibited by law [ or certain goods liable to duties of customs, which duties had not been paid or secured]; or (b) in order to rescue [ or take or aid in rescuing ( or taking)] certain goods ( etc. as in (a) ) from one E.F., who was lawfully authorised to seize the said goods [ or from one G.H., who was then and there employed by ( or assisting) one E.F., who was lawfully authorised to seize the said goods] [ or from a place of deposit wherein one E.F., who was lawfully
83 Criminal Practice Rules 1900 SCHEDULE (continued) authorised to seize the said goods, had put them]; or (c) in order to rescue [ or aid in rescuing] one M.N., who had then lately been arrested on a charge of a crime relating to the customs; or (d) in order to prevent [ or aid in preventing] the arrest of one M.N., who had then lately ( state the crime committed by M.N. as in an indictment ); or (e) in order to prevent [ or aid in preventing] the arrest of one M.N., who was then aiding the said A.B. in the unlawful shipping ( or as the case may be, describe the unlawful purpose as in paragraph (a), (b), (c), or (d) ). Form 24 SMUGGLING UNDER ARMS OR IN DISGUISE Section 68 And other persons were found assembled together, to the number of 6 [and more] having then with them certain goods liable to forfeiture under the laws relating to the customs, namely, opium ( or as the case may be ), and then carrying firearms [ or dangerous or offensive] weapons, namely, cane knives ( or as the case may be ) [ or and being then disguised]. Form 25 GOING ARMED SO AS TO CAUSE FEAR Section 69 Without lawful occasion went armed in public in such a manner as to cause fear to one E.F. (or E.F. and G.H.).
84 Criminal Practice Rules 1900 SCHEDULE (continued) Form 26 FORCIBLE ENTRY Section 70 Entered upon certain land which was then in the actual and peaceable possession of one E.F. in such a manner as to be likely to cause [reasonable apprehension of] a breach of the peace. Form 27 FORCIBLE DETAINER Section 71 Being in actual possession of certain land without colour of right, to the possession of which land one E.F. was then by law entitled, held possession of it against the said E.F. in such a manner as to be likely to cause [reasonable apprehension of] a breach of the peace. Form 28 AFFRAY Section 72 Fought with one E.F. [ or Fought together] in a public highway [ or in an enclosure ( or racecourse or as the case may be ) to which the public then had access, in such a manner as to alarm the subjects of our said Lady the Queen then present].
85 Criminal Practice Rules 1900 SCHEDULE (continued) Form 29 CHALLENGE TO FIGHT A DUEL Section 73 (1). Challenged [ or Attempted to provoke] one E.F. to fight a duel with him [ or her]. (2). Attempted to provoke one E.F. to challenge one G.H. to fight a duel with him [ or her]. Form 30 PRIZE FIGHT Section 74 (1). Fought in a prize fight with one M.N. [ or Fought together in a prize fight]. (2). Subscribed to [ or Promoted] a prize fight between one M.N. and one O.P. Form 31 THREATENING VIOLENCE Section 75 ( a ). [In the night time] With intent to intimidate [ or annoy] one E.F., threatened to break [ or injure] the dwelling house of the said E.F. [ or of one G.H.]. (b) [In the night time] With intent to alarm one E.F. discharged loaded firearms (or as the case may be).
86 Criminal Practice Rules 1900 SCHEDULE (continued) Form 32 ASSEMBLING FOR THE PURPOSE OF SMUGGLING Section 76 And other persons to the complainant unknown assembled together to the number of 3 [and more] for the purpose of unshipping [ or carrying or concealing] certain goods then subject to customs duty and liable to forfeiture under the laws relating to the customs. Form 33 UNLAWFUL PROCESSIONS Section 77 (1). And other persons to the complainant unknown assembled together to the number of 3 [and more], (a) bearing [ or wearing or having amongst them] firearms [ or offensive weapons, namely, staffs ( or as the case may be )], or (b) publicly exhibiting a banner ( or emblem or flag or symbol) ( or banners or etc. ) the displaying of which was calculated to promote animosity between Her Majesty’s subjects of different religious faiths, or (c) being accompanied by music calculated to promote animosity between Her Majesty’s subjects of different religious faiths, *and being so assembled joined in a parade [ or procession] for the purpose of celebrating [ or commemorating] a festival [ or anniversary or political event] relating to [ or connected with] religious [ or political] distinctions [ or differences] between Her Majesty’s subjects, namely, the battle of the Boyne ( or as the case may be ) [ or for the purpose of demonstrating religious [ or political] distinctions [ or differences] between Her Majesty’s subjects. [And that the said A.B. was himself [ or herself] then bearing ( or wearing) firearms ( or an offensive weapon, namely, a staff ( or as the case
87 Criminal Practice Rules 1900 SCHEDULE (continued) may be ))]. (2). And other persons were assembled together ( etc. as in (1) to the asterisk ): And that thereupon one S.T., a justice of the peace, [caused to be] read [ or repeated] aloud to the said persons so assembled together a command in the words following, that is to say, ‘Our Sovereign Lady the Queen charges and commands all persons here assembled immediately to disperse themselves, and peaceably depart to their habitations or to their lawful business, or they will be liable to be imprisoned: God save the Queen’: Yet the said A.B. [and C.D.] and others, being so assembled, continued together to the number of 3 [and more], and did not disperse themselves within the space of a quarter of an hour after the giving of the said command. † 5—OFFENCES AGAINST POLITICAL LIBERTY Form 34 INTERFERING WITH POLITICAL LIBERTY Section 78 By violence [ or By threatening to dismiss one E.F. from his [ or her] employment as a clerk ( or as the case may be )] hindered one [ or the said] E.F. from voting [ or interfered with the free exercise by one ( or the said) E.F. of his [ or her] right to vote] as an elector at an election for the electoral district of A. [ or from procuring himself [ or herself] to be registered as an elector ( or as the case may be )].
88 Criminal Practice Rules 1900 SCHEDULE (continued) † 6—PIRACY Form 35 PIRACY ON THE HIGH SEAS Section 79 ( Describe the place as on the high seas. ) Stole with actual violence from one E.F. and others, mariners, then being on the ship Thetis, the said ship [ or certain goods then on board of the said ship, namely $1 000 ( or as the case may be ) or part of the tackle ( or apparel or furniture) of the said ship], then being in the custody of the said E.F. and others. Form 36 OTHER PIRACIES Sections 80, 81 ( Describe the place as on the high seas, or otherwise so as to show that it is within the jurisdiction of the Admiralty. ) (1). Being a subject of our said Lady the Queen, did, under colour of a commission from a foreign State [ or prince], namely ( name the State or prince ) [ or under pretence of authority from one M.N.], commit an act of hostility against one E.F. another subject of our said Lady the Queen, namely ( describe briefly the act of hostility ). (2). Being a subject of our said Lady the Queen, did, under colour ( etc. as in (1)) steal with actual violence from one E.F., another subject of our said Lady the Queen, $1 000 ( or as the case may be ), the property of the said E.F. (3). Being a subject of our said Lady the Queen, did, during a war between our said Lady the Queen and ( name the enemy ), adhere [ or give aid] to the said ( name the enemy ).
89 Criminal Practice Rules 1900 SCHEDULE (continued) (4). Forcibly entered the British ship Thetis, and then and there threw overboard [ or destroyed] certain goods and merchandise belonging to [ or laden upon] the said ship, namely, ( describe the goods ). Form 37 OTHER PIRATICAL ACTS ON BOARD BRITISH SHIPS Sections 80, 81 (Describe the place as in form 36) Being on board the British ship Thetis, (a) turned pirate [ or enemy or rebel], and piratically ran away with the said ship [ or a boat ( or as the case may be ) belonging to ( or laden upon) the said ship]; or (b) voluntarily yielded up the said ship [ or a boat or etc. ] to a pirate; or (c) brought to one E.F. a seducing message from a pirate [ or enemy or rebel]; or (d) consulted [ or conspired] with [ or attempted to corrupt] one M.N., being then the master [ or an officer or a mariner] of the said ship, with intent that he [ or she] should run away with [ or yield up] the said ship [ or certain goods or merchandise in the said ship] [ or turn pirate or go over to pirates]; or (e) laid violent hands on one E.F., who was then master of the said ship, with intent to hinder the said E.F. from fighting in defence of the said ship and the goods therein committed to his [ or her] trust; or (f) confined one E.F., who was then the master of the said ship; or (g) made [ or endeavoured to make] a revolt in the said ship.
90 Criminal Practice Rules 1900 SCHEDULE (continued) Form 38 OTHER PIRATICAL ACTS BY BRITISH SUBJECTS Sections 80, 81 Being a British subject [ or Being on board the British ship Thetis], knowingly (a) traded with one M.N., who was then a pirate; or (b) furnished one M.N., who was then a pirate, with ammunition [ or provisions or stores]; or (c) fitted out a ship [ or vessel] with a design to trade with [ or supply or correspond with] one M.N., who was then a pirate; or (d) conspired [ or corresponded] with one M.N., who was then a pirate. Form 39 PIRACY WITH VIOLENCE ENDANGERING LIFE Section 81 State the act of piracy as in one of the forms 35, 36(1), (2), (4), 37 (a), (b), (e), (f), (g), and proceed: And that the said A.B. [and C.D.] then and there (a) assaulted one [ or the said] E.F., who was then on board of [ or who then belonged to] the said ship, with intent to kill him [ or her] [ or to kill one G.H.]; or (b) wounded one [ or the said] E.F., who was then on board of [ or who then belonged to] the said ship; or (c) unlawfully set fire to a powder magazine on board the said ship ( or as the case may be, stating the act endangering life ), whereby the life of one [ or the said] E.F., who was then on board of [ or who then belonged to] the said ship, was endangered.
91 Criminal Practice Rules 1900 SCHEDULE (continued) Form 40 ATTEMPTED PIRACY WITH PERSONAL VIOLENCE Section 82 (1). Assaulted one E.F., who was then on board of [ or who then belonged to] the ship Thetis with intent to kill him [ or her] [ or to kill one G. H. ], and with intent thereby then to steal with actual violence from the said E.F. [ or from one G.H.] ( etc. as in form 35, or as the case may be, stating intention to commit one of the crimes set forth in form 36 (1), (2), (4), and 37 (a), (b), (e), (f), (g) ]. (2). Wounded one E.F., who was then on board of [ or who then belonged to] the ship Thetis with intent thereby then ( etc. as in (1)). (3). Unlawfully ( describe the unlawful act endangering life as in form 39(c) ), whereby ( etc. as in that form ), with intent thereby then ( etc. as in (1)). Form 41 AIDING PIRATES Section 83 (1). Brought to one E.F. a seducing message from one M.N., who was then a pirate. (2). Consulted [ or Conspired] with [ or Attempted to corrupt] one M.N., then being the master [ or an officer or a mariner] of the ship Thetis, with intent that he [ or she] should run away with [ or yield up] the said ship [ or the ship Helidon] [ or certain goods ( or merchandise) then on board of the said ship ( or as the case may be )] [ or should turn pirate or should go over to pirates].
92 Criminal Practice Rules 1900 SCHEDULE (continued) † B—OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY † 1—DISCLOSING OFFICIAL SECRETS Form 42 DISCLOSURE OF SECRETS RELATING TO DEFENCES BY PUBLIC OFFICERS Section 84 Being then employed in the public service of Queensland, [advisedly] communicated to one M.N. otherwise than in the course of his [ or her] official duty a plan [ or a document or certain information] relating to a battery [ or field work or fortification] at L. in the said State [ or relating to the defences of the said State]. Form 43 OBTAINING DISCLOSURE OF SECRETS RELATING TO DEFENCES Section 85 (1). Procured one M.N., who was then employed in the public service of Queensland, to communicate to him [ or her] otherwise than in the course of his [ or her] official duty, a plan ( etc. as in form 42 ). (2). Without lawful authority obtained information as to a battery [ or fieldwork or fortification] at L. in the said State [ or relating to the defences of Queensland at T. ( or as the case may be )].
93 Criminal Practice Rules 1900 SCHEDULE (continued) Form 44 DISCLOSURE OF OTHER OFFICIAL SECRETS Section 86 Was employed in the public service of Queensland, and that it had then lately come to his [ or her] knowledge by virtue of his [ or her] office that the Government of the said State had given orders for the immediate purchase of 5 000 horses for military purposes ( or as the case may be ), which fact it was his [ or her] duty to keep secret [ or and that a certain document, namely, a confidential telegram from the Secretary of State for the Colonies ( or as the case may be , describe it shortly ), had then lately come to his [ or her] possession by virtue of his [ or her] office, which document it was his [ or her] duty to keep secret]: And that the said A.B. published [ or communicated] the fact [ or document] aforesaid to one M.N., who was not a person to whom he [ or she] was bound to publish [ or communicate] it. † 2—CORRUPTION AND ABUSE OF OFFICE Form 45 OFFICIAL CORRUPTION Section 87 (1). Being employed in the public service of Queensland [ or Being the holder of the office of Mayor of the Local Government of A. ( or as the case may be )], and being charged by virtue of such employment [ or office] with the duty of ( state the duty ), corruptly asked [ or received or obtained or agreed ( or attempted) to receive ( or obtain)] from one M.N. a sum of money [ or an extension of credit in respect of a debt then due by him [ or her] to the said M.N. ( or as the case may be )] on account of his [ or her] having in the discharge of the duties of his [ or her] office aforesaid, allowed the said M.N. [ or one O.P.] to misappropriate public property under his [ or her] control [ or to perform certain work in an inefficient manner] [ or
94 Criminal Practice Rules 1900 SCHEDULE (continued) omitted to call attention to the fact that the said M.N. ( or one O.P.) had grossly neglected his [ or her] duties as an inspector of works ( or as the case may be, setting forth shortly the act or omission alleged )] [ or in consideration that the said A.B. would, in the discharge of the duties of his [ or her] office, allow the said M.N. ( or one O.P.) to make false ( or excessive) claims against the government of the said State ( or would omit to report the misconduct of the said M.N. ( or one O.P.) as an officer of the public service which it was his [ or her] duty to report ( or as the case may be ))]. (2). (a) Corruptly gave [ or conferred or procured or promised ( or offered) to give ( or confer or procure or attempt to procure)] to [ or upon or for] one M.N., then being a person employed in the public service of Queensland [ or then being the Mayor of the Local Government [ or her] of A. ( or as the case may be )], a sum of money ( or as the case may be ) on account of the said M.N. having, in the discharge of the duties of his [ or her] office aforesaid, ( etc. as in (1)) [ or in consideration that the said M.N. would, in the discharge of the duties of his [ or her] office aforesaid, allow ( etc. as in (1))]. (b) Corruptly gave ( or etc. as in (a )) to [ or upon or for] one M.N. a sum of money ( or as the case may be ) on account of one O.P., who was then employed in the public service of Queensland ( or as the case may be ), having, in the discharge of the duties of his [ or her] office aforesaid, ( etc. as in (1)) [ or in consideration that one O.P., who was then ( etc. as above ) would, in the discharge of the duties of his [ or her] office aforesaid, allow ( etc. as in (1))]. Form 46 EXTORTION BY PUBLIC OFFICERS Section 88 Being employed in the public service of Queensland, took [ or accepted] from one M.N. for the performance of his [ or her] duty as such officer a reward [ or promise of a reward] beyond his [ or her] proper pay and
95 Criminal Practice Rules 1900 SCHEDULE (continued) emoluments, that is to say, the sum of $10 [ or a promise to pay him [ or her] $10 ( or as the case may be )]. Form 47 PUBLIC OFFICERS INTERESTED IN CONTRACTS Section 89 Being employed in the public service of Queensland in the Department of [Public Works], knowingly acquired [ or held], otherwise than as a member of a registered joint stock company consisting of more than 12 persons, a private interest in a contract [ or agreement] which had then lately been made on account of the public service with respect to a matter concerning the said Department of [Public Works], namely, a contract between the government of the said State and one M.N. for the erection of a courthouse at A. ( or as the case may be ). Form 48 OFFICERS CHARGED WITH ADMINISTRATION OF PROPERTY OF A SPECIAL CHARACTER OR WITH SPECIAL DUTIES Section 90 Being employed in the public service of Queensland, and being then charged by virtue of his [ or her] employment with judicial [ or administrative] duties respecting [coal] mines [ or respecting the distillation of spirits ( or as the case may be )], held a private interest in certain [coal] mines [ or in a certain distillery ( or as the case may be )], and while holding such interest discharged the duties of his [ or her] office aforesaid with respect to the said mine ( or as the case may be ) [ or with regard to the conduct of one M.N. in relation to the said mine ( or as the case may be )] in which he [ or she] had such interest.
96 Criminal Practice Rules 1900 SCHEDULE (continued) Form 49 FALSE CLAIMS BY OFFICIALS Section 91 Was employed in the public service of Queensland as a clerk ( or as the case may be ), and by virtue of such employment it was his [ or her] duty [ or he [ or she] was enabled] to furnish returns [ or statements] touching the remuneration [claimed to be] payable to himself [ or herself] [ or to one M.N.] [ or touching the due performance of certain work ( or as the case may be ) required by law to be certified for the purpose of a payment of money ( or of the delivery of certain goods) to one M.N.]: And that the said A.B. thereupon made a return [ or statement] touching the matter aforesaid which was to his [ or her] knowledge false, in this that he [ or she] thereby returned [ or stated] that ( etc. state the false statement ) whereas in fact ( state the truth ): which false statement was material to the question of the right of the said A.B. [ or M.N.] to receive the said remuneration [ or payment or delivery of goods]. Form 50 ABUSE OF OFFICE Section 92 Being employed in the public service of Queensland in the capacity of ( state the capacity ), did, in abuse of the authority of his [ or her] said office, unlawfully and arbitrarily refuse to receive the tender of one E.F. to undertake certain work for the Government of Queensland [ or direct one M.N., who was then under his [ or her] orders, to refuse to allow one E.F. to inspect certain records of the Warden’s Court at A. which the said E.F. was lawfully entitled to inspect ( or as the case may be )] whereby the said E.F. was prejudiced in his [ or her] lawful rights. [And the said Attorney-General ( or J.J.K.) further says that the said A.B. did the unlawful act aforesaid ( or directed the unlawful act aforesaid to be done) for the purposes of gain].
97 Criminal Practice Rules 1900 SCHEDULE (continued) Form 51 CORRUPTION OF SURVEYOR AND VALUATOR Section 93 (1.) Having been duly appointed under the Public Works Lands Resumption Act 1878 ( or as the case may be, describe the Act by its short title (if any) or by the year and number ) to be a valuator for determining the compensation to be paid to one M.N. for land compulsorily taken from him [ or her] [ or for injury done to certain land] under the authority of the said Act, acted as such valuator while he [ or she] had an interest in the said land, as he [ or she] then well knew. (2). Having been appointed ( etc. as in (1)) exercised unfaithfully [ or dishonestly or with partiality] the duty of making a valuation of the said land [ or of the extent of the said injury]. Form 52 FALSE CERTIFICATES BY PUBLIC OFFICERS Section 94 Being then authorised [ or required] by law to give a certificate touching the composition of a parcel of food then lately delivered to him [ or her] for analysis ( or as the case may be, state the nature of the matter touching which the certificate is to be given, so as to show that the rights of some person might be prejudicially affected by it ), gave a certificate touching the same which was to his [ or her] knowledge false in a material particular, namely, in that it was thereby stated that ( state the false statement ), whereas in truth ( state the truth ).
98 Criminal Practice Rules 1900 SCHEDULE (continued) Form 53 ADMINISTERING EXTRA-JUDICIAL OATHS Section 95 (1). Being a justice of the peace [ or commissioner for affidavits, or as the case may be ], unlawfully administered to one M.N. an oath [ or unlawfully took the solemn declaration ( or solemn affirmation or affidavit) of one M.N.] touching certain matters with respect to which he [ or she] had not by law any authority to do so; that is to say, an oath [ or solemn declaration or solemn affirmation or affidavit] touching ( state the subject matter so as to show that it is not one with respect to which the justice or other person had authority to administer an oath ). In the case of a justice add which said oath [ or declaration or affirmation or affidavit] was not administered [ or taken] in any matter relating to the preservation of the peace or the punishment of offences, or relating to any inquiry respecting sudden death, or to any proceedings before the Legislative Assembly or a committee thereof, and was not an oath [ or declaration or affirmation [ or affidavit] administered [ or taken] for any purpose which was lawful under the laws of any other country, nor for the purpose of giving validity to an instrument in writing which was intended to be used in any other country. Form 54 FALSE ASSUMPTION OF AUTHORITY Section 96 (1). Not being a justice of the peace, assumed to act as a justice in granting a warrant for the arrest of one E.F. on a charge of stealing ( or as the case may be ). (2). Without authority assumed to act as a person having authority by law to administer an oath [ or to take a solemn declaration ( or solemn affirmation or affidavit)] [ or to act as an officer of the defence force (or as
99 Criminal Practice Rules 1900 SCHEDULE (continued) the case may be )]. (3). Representing himself [ or herself] to one E.F. to be a person authorised by law to sign a document testifying to the contents of a register of births ( or as the case may be ) kept by lawful authority at A. [ or testifying to the fact that one G.H. had lately given birth to a child ( or that one M.N. was a member of the defence force proceeding on duty ( or as the case may be ))]; and signed a document testifying that a certain writing was a copy of an entry in the said register ( or etc. ) [ or testifying to the fact aforesaid]; whereas the said A.B. was not in fact so authorised, as he [ or she] then well knew. Form 55 PERSONATING PUBLIC OFFICERS Section 97 (1). On etc. at etc. one E.F. being then employed in the public service of Queensland as Commissioner of the Police Service [ or as an Inspector of Mines ( or as the case may be )], was required by virtue of his [ or her] employment to inspect certain police barracks [ or a certain mine] [ or to attend in the courthouse at R.] ( or as the case may be ): And that at the time and place aforesaid and on the occasion aforesaid A.B. personated the said E.F. (2). Falsely represented himself [ or herself] to be one E.F., who was then employed in the public service of Queensland as an Inspector of Mines ( or as the case may be ), and in the name and character of the said E.F. assumed to inspect a certain goldmine [ or assumed to attend at the courthouse at R., on an inquiry into an accident that had then lately occurred in a mine ( or as the case may be )].
100 Criminal Practice Rules 1900 SCHEDULE (continued) † 3—CORRUPT AND IMPROPER PRACTICES AT ELECTIONS Form 56 PERSONATION Section 99 Begin by stating the holding of the election thus : In the month of etc. an election was duly held for choosing a member to serve in the Legislative Assembly of Queensland for the electoral district of Brisbane North ( or as the case may be ) [ or for choosing a councillor for the (West Ward of the) City of Brisbane or for choosing a councillor for the Shire of Toowong or for choosing a member of the Divisional Board (for subdivision number 1) of the Division of Indooroopilly ( or as the case may be )], and proceed as follows— And that A.B. on etc. at etc. voted [ or attempted to vote] in the name of one E.F. at the said election. Form 57 DOUBLE VOTING Section 100 State the holding of the election and the date and place of offence as in form 56, and proceed: Being an elector entitled to vote at the said election, voted [ or attempted to vote] twice at the said election [ or voted at the said election oftener than he [ or she] was entitled so to vote]. Form 58
101 Criminal Practice Rules 1900 SCHEDULE (continued) TREATING Section 101 State the holding of the election as in form 56, and proceed: (1). And that A.B. on etc. at etc. before [ or during or after] the said election corruptly provided [ or paid (part of) the expense of providing] food [ or drink or lodging] to [ or for] one M.N. on account of the said M.N. [ or one O.P.], an elector at the said election, having voted [ or having refrained from voting] at the said election [ or in consideration that the said M.N. ( or one O.P.), an elector entitled to vote at the said election, would vote ( or would refrain from voting) at the said election] ( or as the case may be ): or (2). And that A.B. on etc. at etc. being an elector for the said electoral district [ or local government or ward or shire or division or subdivision], corruptly received food [ or drink or lodging] on account of his [ or her] [ or one M.N.] having voted [ or having refrained from voting] at the said election [ or in consideration that he [ or she] ( or one M.N.) would vote ( or would refrain from voting) at the said election] ( or as the case may be ). Form 59 UNDUE INFLUENCE Section 102 State the holding of the election, the name of accused, and the date and place of offence as in form 56, and proceed: (1). Used [ or Threatened to use] force [ or restraint] to one E.F. [ or Did ( or Threatened to do some) temporal ( or spiritual) injury to one E.F.][ or Caused ( or Threatened to cause some) detriment to one E.F.], an elector for the said electoral district ( or as the case may be), in order to induce him [ or her] to vote [ or to refrain from voting] at the said election [ or on account of his [ or her] having voted ( or having refrained from voting) at the said election]:
102 Criminal Practice Rules 1900 SCHEDULE (continued) or (2). Prevented [ or Obstructed] the free exercise of the franchise at the said election by one E.F., an elector for the said electoral district ( or as the case may be ), by forcibly abducting him [ or her] [ or by duress or by fraudulently persuading him [ or her] that ( state the fraudulent device or contrivance )]: or (3). Compelled [ or Induced] one E.F., an elector for the said electoral district ( or etc.), to vote [ or to refrain from voting] at the said election by forcibly abducting him [ or her] [ or by duress or by fraudulently persuading him [ or her] that ( state the fraudulent device or contrivance )]. Form 60 BRIBERY Sections 103(a), (b), (c) and 106(c) State the holding of the election, the name of accused, and the date and place of offence as in form 56, and proceed : (1). Gave [ or Conferred or Procured or Promised ( or Offered) to give ( or confer or procure or attempt to procure)] to [ or upon or for] one M.N. certain property, namely, $10 [ or permanent employment in a shop ( or as the case may be )], on account of the said M.N. [ or of one G.H.], an elector at the said election, having voted [ or having refrained from voting], at the said election [ or in consideration that the said M.N. ( or one O.P.), an elector entitled to vote at the said election, would vote ( or would refrain from voting ( or as the case may be ) at the said election] [ or on account of his [ or her] ( or one O.P.) having acted or joined ( or agreed to act or agreed to join) in a procession at the said election] [ or in order to induce the said M.N. ( or one O.P.) to endeavour to procure the return of the said A.B. ( or of one X.Y.) at the said election ( or to procure the vote of one Q.R., an elector at the said election)]: or (2). Being an elector at the said election asked [ or received or obtained or agreed ( or attempted) to receive ( or obtain) from one M.N. certain property ( etc. as the case may be ) for himself [ or herself] [ or for one O.P.]
103 Criminal Practice Rules 1900 SCHEDULE (continued) on account of the said A.B. having voted [ or having refrained from voting] as an elector at the said election ( or as the case may be ) [ or in consideration that the said A.B. would vote ( or would refrain from voting) as an elector at the said election ( or as the case may be )]: or (3). Asked [ or Received or Obtained or Agreed ( or Attempted) to receive ( or obtain) from one M.N. certain property ( etc. as the case may be ) on account of a promise then [lately] made by him [ or her], the said A.B. [ or by one O.P.], to endeavour to procure the return of the said A.B. [ or of one X.Y.] at the said election [ or to endeavour to procure the vote of one Q.R. at the said election]: or (4). Being a candidate at the said election, convened [ or held] a meeting of electors [ or of his [ or her] committee] in a house licensed for the sale of fermented [ or spirituous or fermented and spirituous] liquors. Form 61 ADVANCING MONEY FOR PURPOSE OF BRIBERY Section 103(d) Advanced [ or Paid] a sum of money, namely, $10, to [ or to the use of] one M.N. with the intent that it should be applied for the purposes of bribery at [ or in connection with] an election then shortly to be held [ or then lately held] for the election of a member of the Legislative Assembly for the electoral district of B.N. ( or as the case may be ) [ or should be applied in discharge ( or repayment) of moneys then lately expended for the purposes of bribery at [ or in connection with] an election then shortly to be held [ or then lately held] for ( etc. as above )].
104 Criminal Practice Rules 1900 SCHEDULE (continued) Form 62 BRIBERY WITHOUT REFERENCE TO A PENDING ELECTION Section 103(e) and (f) (1). Corruptly conveyed [ or transferred] certain property, namely ( describe it briefly ) [ or Corruptly paid a sum of money, namely, $10,] to one M.N. for the purpose of enabling him [ or her] to be registered as an elector [ or ratepayer] for the electoral district of B.N. ( or as the case may be ), and for the purpose of thereby influencing his [ or her] vote at some future election. or (2). Was privy to a conveyance [ or transfer] of certain property, namely, ( describe it briefly ) [ or to the payment of a sum of money, namely, $10,] made by one M.N. to one O.P. for the purpose ( etc. as in (1)): And that the said conveyance [ or transfer or payment] was so made for the benefit of the said A.B. Form 63 ILLEGAL PRACTICES Section 105 State the holding of the election, the name of accused, and the date and place of offence, as in form 56, and proceed: (1). Being prohibited by law from voting at the said election, and knowing that he [ or she] was so prohibited, voted at the said election: or (2). Procured one E.F., who was prohibited by law from voting at the said election, and whom he [ or she] knew to be so prohibited, to vote at the said election: or (3). Before [ or During] the said election, and for the purpose of promoting [ or procuring] the choice of one X.Y., a candidate at the said election, knowingly published a false statement that one E.F., another candidate at the said election, had withdrawn from being a candidate:
105 Criminal Practice Rules 1900 SCHEDULE (continued) or (4). Before [ or During] the said election, and for the purpose of affecting the return of one E.F., a candidate at the said election, knowingly published a false statement of fact respecting the personal character [ or conduct] of the said E.F., namely, a statement to the effect that the said E.F. had committed bigamy [ or had accepted a bribe for his [ or her] vote as a member of the Legislative Assembly ( or as the case may be )]: or (5). Being a candidate at the said election, withdrew from being such candidate in consideration of the payment to him [ or her] by one M.N. of a sum of money [ or of a promise made to him [ or her] by one M.N. of the payment of a sum of money]: or (6.) Being a candidate [ or the agent of one M.N., who was a candidate] at the said election, corruptly procured one O.P., who was also a candidate at the said election, to withdraw from being such candidate in consideration of the payment [ or of a promise of payment] to him [ or her], the said O.P., of a sum of money. Form 64 OTHER ILLEGAL PRACTICES Section 106 State the holding of the election, the name of accused, and the date and place of offence, as in form 56, and proceed: (1). Knowingly provided money for the purpose of making payments in connection with the said election contrary to the provisions of the Criminal Code, section 103 ( or as the case may be , describe the Act intended to be violated by its short title (if any) or by the year and number) [ or for the purpose of replacing money which had then lately been expended at the said election in making payments contrary to the provisions of the Criminal Code, section 103 ( or as the case may be )]: or (2). Printed [ or Published or Posted] a bill [ or placard or poster] having reference to the said election, and which did not bear on its face the name and address of the printer and publisher thereof:
106 Criminal Practice Rules 1900 SCHEDULE (continued) or (3). Hired [ or Used] for a committee room at the said election part of a house then licensed for sale of fermented [ or spirituous or fermented and spirituous] liquors [ or part of certain premises where intoxicating liquor was then usually sold ( or supplied) to members of a club ( or society or association), called the X.Y. Club ( or as the case may be ), and which was not a permanent political club]: Such part of the said house [ or premises] not being a part with a separate entrance and having no direct communication with any part of the premises in which intoxicating liquor was sold, and not being a part ordinarily let for the purpose of chambers or offices or for holding public meetings or arbitrations: or (4.) Let for use as a committee room at the said election part of a house ( etc. as in (3) to the end ): he [ or she], the said A.B., then knowing that the same was intended to be used as such committee room. Form 65 INTERFERENCE AT ELECTIONS Section 108 State the holding of the election, the name of accused, and the date and place of offence, as in form 56, and proceed: (1). Intruded into a polling booth in use at the said election, he [ or she] the said A.B. not being lawfully entitled to be in the said polling booth: or (2). Wilfully interrupted [ or obstructed or disturbed] the polling ( or as the case may be ) at the said election. Form 66 ELECTORS ATTEMPTING TO VIOLATE SECRECY OF BALLOT Section 109 State the holding of the election as in form 56, and proceed : at which
107 Criminal Practice Rules 1900 SCHEDULE (continued) election the voting was by ballot: And that A.B. on etc. at etc. having as an elector received a ballot paper from one S.T., the presiding officer at a polling booth in use at the said election, (a) wilfully made [ or wrote] on the said ballot paper a mark [ or certain words ( or figures)] not expressly authorised by law to be made [or written] thereon, that is to say, his [ or her] number on the electoral roll for the said electoral district ( or as the case may be ); or (b) and having dealt with the said ballot paper so as to show for what candidate [ or candidates] he [ or she] intended to vote, wilfully failed to fold up his [ or her] said ballot paper in such a manner as to conceal the names of the candidates; or (c) wilfully failed to deposit the said ballot paper in the ballot box in the presence of the said presiding officer. Form 67 OTHER ATTEMPTS OF LIKE KIND Section 110 State the holding of the election, as in form 56, and proceed : at which election the voting was by ballot: And that A.B. on etc. at etc. (a) took [ or attempted to take] a ballot paper out of a polling booth in use at the said election; or (b) whilst one E.F., an elector at the said election, was preparing his [ or her] ballot paper in a compartment then and there provided for the use of electors actually voting at the said election, wilfully intruded into such compartment.
108 Criminal Practice Rules 1900 SCHEDULE (continued) Form 68 STUFFING BALLOT BOXES Section 111 State the holding of the election, the name of accused, and the date and place of offence, as in form 67, and proceed : Placed [ or Was privy to placing] in a ballot box in use at the said election a ballot paper which had not been lawfully handed to and marked by an elector. Form 69 OFFENCES BY PRESIDING OFFICERS AT ELECTIONS Section 112 State the holding of the election, the name of accused, and the date and place of offence, as in form 67, and proceed : (1). Being a presiding officer at a polling booth in use at the said election, and being called upon to strike out from a ballot paper then demanded and received by one E.F., an elector at the said election who was blind [ or unable to read], the name [ or names] of the candidate [ or candidates] other than the candidate [ or candidates] for whom the said E.F. then said that he [ or she] desired to vote, wilfully failed to strike out such names in the said polling booth and in the presence and sight of the persons who were then lawfully there present: or (2). Being a presiding officer at a polling booth in use at the said election, did, whilst one E.F., an elector voting at the said election, was preparing his [ or her] ballot paper in a compartment then and there provided for the use of electors actually voting, wilfully allow another person, namely, one G.H. [ or by the said Attorney-General ( or J.J.K.) unknown] to be in the said compartment.
109 Criminal Practice Rules 1900 SCHEDULE (continued) Form 70 FALSE ANSWERS TO QUESTIONS AT ELECTIONS Section 113 State the holding of the election, the name of accused, and the date and place of offence, as in form 56, and proceed : (1). Claimed to be an elector, and offered to vote at the said election, and, in answer to a question then lawfully put to him [ or her] by the presiding officer at the polling booth [ or polling place] where he [ or she] so offered to vote, wilfully stated falsely that he [ or she] was the person whose name appeared as A.B. number 151 ( or as the case may be ) in the roll in force for the said electoral district ( or as the case may be: set out the false answer ): or (2). Claimed to be an elector, and offered to vote at the said election, and, being then lawfully required to make a declaration before voting, wilfully made a false declaration to the effect that ( state substance of false statement ),whereas in truth ( state the truth ). Form 71 INTERFERING WITH SECRECY AT ELECTIONS Section 114 State the holding of the election, the name of accused, and the date and place of offence, as in form 67, and proceed : (1). Knowingly and wilfully, and without the lawful command of a competent court or tribunal, unfastened the fold upon a ballot paper which had been used at the said election, which fold had been made under the authority of the law, and within which the number of an elector was written: or (2). Being a returning officer [ or presiding officer or poll clerk or scrutineer] at the said election, attempted to ascertain [ or discover] [ or aided in ascertaining ( or discovering)] the candidate for whom the vote of one E.F., a person who voted at the said election, and did not vote openly,was given:
110 Criminal Practice Rules 1900 SCHEDULE (continued) or (3). Being ( etc. as in (2)), and having in the exercise of his [ or her] said office obtained knowledge of the candidate for whom the vote of one E.F., a person who voted at the said election, was given, disclosed such knowledge to one M.N., such disclosure not being made in answer to a question put in the course of proceedings before a competent court or tribunal: or (4.) Being ( etc. as in (2)), placed [ or wrote] upon a ballot paper used at the said election a mark [ or certain words ( or figures)] not authorised by law. Form 72 BREAKING SEAL OF PACKETS USED AT ELECTIONS Section 115 Knowingly and wilfully, and without the lawful command of any competent court or tribunal, opened [ or broke the seal of] a sealed parcel which had been duly sealed under the provisions of the laws relating to elections. Form 73 OFFENCES AT ELECTIONS WHEN VOTING IS BY POST Section 116 State the holding of the election, as in form 56, and proceed : at which election the voting was by post: And that A.B. on etc. at etc. (1). Knowing that he [ or she] was not entitled to vote at the said election, signed his [ or her] name as a voter to a voting paper issued by the returning officer for use at the said election: or (2). Signed the name of one E.F. to a voting paper issued by the returning officer for use at the said election:
111 Criminal Practice Rules 1900 SCHEDULE (continued) or (3). Attested the signature of one M.N. as a voter to a voting paper issued by the returning officer for use at the said election, whereas the said M.N. was not entitled to vote by means of such voting paper, as he [ or she] the said A.B. then well knew. Form 74 FALSE CLAIMS Section 117 (1). Made a claim to have his [ or her] name inserted in an electoral list for the electoral district of B.N. ( or as the case may be ), and in the said claim wilfully stated falsely that ( state substance of false statement ), whereas in truth ( state the truth ) (2). Attended at a registration court duly held for [the B. Division of] the electoral district of O. and, his [ or her] qualification [ or the qualification of one M.N.] as an elector of the said electoral district being then under consideration by the said court, wilfully made a false statement to the said court relating to his [ or her] said qualification [ or to the qualification of the said M.N.], to the effect that ( state substance of false statement ), whereas in truth ( state the truth ). (3). Wilfully made a false statement in writing to the registration court for ( etc. as above ) relating to his [ or her] qualification ( or the qualification of one M.N.) as an elector of the said electoral district, which was then under consideration by the said court, to the effect that ( etc. as in (2)).
112 Criminal Practice Rules 1900 SCHEDULE (continued) † 4—SELLING AND TRAFFICKING IN OFFICES Form 75 BARGAINING FOR OFFICES IN PUBLIC SERVICE Section 118 (1). Corruptly asked [ or received or obtained or agreed ( or attempted) to receive ( or obtain)] from one M.N. certain property, namely, $10 ( or as the case may be ) [ or a certain benefit, namely, an extension of credit in respect of a debt then due from him [ or her] to the said M.N. ( or as the case may be )], on account of the said A.B. having recommended him [ or her] the said M.N. [ or one O.P.] for appointment to an office in the public service of Queensland [ or on account of the said A.B. having refrained from informing the Government of Queensland of the unfitness of him [ or her] the said M.N. ( or of one O.P.) for appointment to an office in the public service of Queensland] ( or as the case may be ) [ or in consideration that the said A.B. would recommend ( etc. as above ) ( or would refrain ( etc. as above ))] [to which office it was then contemplated to appoint the said M.N. ( or O.P.), or for which office the said M.N. ( or O.P.) was then an applicant] ( or as the case may be, state the act done or omitted or to be done or omitted ). (2). Corruptly gave [ or conferred or procured or promised ( or offered) to give ( or confer or procure or attempt to procure)] to [ or upon or for] one M.N. certain property ( etc. as in (1)), on account of the said M.N. having recommended ( etc. as in (1)) [ or having refrained ( etc. as in (1)) [ or in consideration that the said M.N. would recommend ( etc. as in (1)) ( or would refrain ( etc. as in (1))] ( or as the case may be ). † 5—OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE
113 Criminal Practice Rules 1900 SCHEDULE (continued) Form 76 JUDICIAL CORRUPTION Section 120 (1). Being a judge ( etc. state the judicial office held by the accused person ), corruptly asked [ or received or obtained or agreed ( or attempted) to receive ( or obtain)] from one M.N. certain property, namely, $200 ( or as the case may be ), [ or a certain benefit, namely, ( state it shortly )], for himself [ or herself] [ or for one Q.R.], on account of the said A.B. having, in his [ or her] judicial capacity aforesaid, given [ or in consideration that he [ or she] the said A.B., in his [ or her] judicial capacity aforesaid, would give] judgment in favour of the said M.N. [ or one O.P.] in an action between the said M.N. [ or O.P.] and one R.S. ( as the case may be, state the act done or omitted or to be done or omitted ). (2). Corruptly gave [ or conferred or procured or promised ( or offered) to give ( or confer or procure or attempt to procure)] to [ or upon or for] one M.N., then being a judge ( state the judicial office ), on account of the said M.N. having, in his [ or her] judicial capacity aforesaid, given [ or in consideration that the said M.N., in his [ or her] judicial capacity aforesaid, would give] ( etc. as in (1)). Form 77 OFFICIAL CORRUPTION, NOT JUDICIAL, BUT RELATING TO OFFENCES Section 121 (1). Being a justice of the peace not acting judicially [ or Being a person employed in the public service of Queensland as an inspector of police ( or as the case may be ), in which capacity he [ or she] was concerned in the prosecution ( or detention or punishment) of offenders,] corruptly ( etc. as in form 76(1)), on account of his [ or her], the said A.B., having [ or in consideration that he [ or she], the said A.B., would], with a view to corrupt [ or improper] interference with the due administration of justice [ or to the
114 Criminal Practice Rules 1900 SCHEDULE (continued) procurement ( or facilitation) of the commission of an offence by one M.N., or to the protection of one M.N., an offender ( or intending offender) against the law from detection ( or punishment)] ( state the act done or omitted or to be done or omitted ). (2). Corruptly gave ( etc. as in form 76(2)) to [ or upon or for] one M.N., then being ( etc. as in (1)), on account of the said M.N. having [ or in consideration that the said M.N. would], with a view ( etc. as in (1)) ( state the act done or omitted or to be done or omitted ). Form 78 CORRUPTING OR THREATENING JURORS Section 122 (1). Attempted by threats [ or by intimidation or by a gift of money, namely, $10, to one E.F., or by promising to give a sum of money, namely, $10, to one E.F. ( or as the case may be )] to influence one [ or the said] E.F. [ or the persons ( or some of the persons) to be sworn as jurors on the trial of an action between one M.N. and one O.P. ( or on the trial of one M.N. on a charge of stealing ( or as the case may be ))] in his [ or her or their] conduct as a juror [ or jurors] on the trial ( etc. as above ) [ or on the said trial]. (2). Threatened to assault one E.F. [ or to procure the dismissal of one E.F. from his [ or her] position as clerk to one G.H. ( or as the case may be )] on account of the said E.F. having, as a juror on the trial ( etc. as in (1)), concurred in giving a verdict for the plaintiff [ or for the Crown ( or as the case may be )]. (3). Accepted from one M.N. a sum of money, namely, $10 [ or a certain benefit, namely (a promise of) a loan of $200 ( or as the case may be )], on account of his [ or her], the said A.B., having, as a juror on the trial ( etc. as in (1)), concurred in giving [ or refrained from giving] [ or in consideration
115 Criminal Practice Rules 1900 SCHEDULE (continued) that he [ or she], the said A.B., as a juror on the trial ( etc. as in (1)), would concur in giving ( or would refrain from giving)] a verdict ( etc. as in (2)) ( or as the case may be ). Form 79 PERJURY Section 123 (1.) In proceedings before justices. In the course of the hearing of a complaint against one E.F. before S.T. and W.X., justices of the peace, having been duly sworn, gave evidence on oath as a witness, [ or Laid a complaint on oath before] S.T. a justice of the peace], and then wilfully swore falsely to the effect that he [ or she], the said A.B., saw the said [ or one] E.F. fire a loaded gun in the direction of one G.H. ( or as the case may be ): And that the said false evidence was material to a question then depending [ or intended to be raised] [before the said justices] upon the said complaint. (2.) On a criminal trial. Upon the arraignment [ or trial] of one E.F. in the Supreme Court of Queensland at Brisbane [ or in the Circuit Court at Toowoomba or in the District Court holden at Maryborough ( or as the case may be ) upon a charge of murder ( or as the case may be , describe the offence by the name by which it is commonly known or by reference to the statute under which the indictment was presented ), having been duly sworn, gave evidence on oath as a witness, and then wilfully swore falsely to the effect that ( state substance of false evidence ): And that the said false evidence was material to a question then depending [ or intended to be raised] in and upon the said arraignment [ or trial]. (3.) Perjury in civil proceedings. Upon the trial of an action [ or petition or proceeding or election petition] between one E.F. and one G.H. [ or Upon an examination of witnesses in
116 Criminal Practice Rules 1900 SCHEDULE (continued) the matter of the insolvent estate of E.F. or as the case may be ] in the Supreme Court of Queensland at Brisbane ( or as the case may be ), having been duly sworn, gave evidence on oath as a witness, and then wilfully swore falsely to the effect that ( state substance of false evidence ): And that the said false evidence was material to a question then depending [ or intended to be raised] in and upon the said trial [ or proceeding]. (4.) Perjury in an Affidavit. Having been duly sworn, made an affidavit for the purpose of being used in an action [ or a judicial proceeding] then lawfully pending in the Supreme Court of Queensland [in its matrimonial jurisdiction] between E.F. and one G.H. [ or on an application intended to be lawfully made to the Supreme Court of Queensland ( or as the case may be )], and in the said affidavit wilfully swore falsely to the effect that ( state substance of false evidence ): And that the said false statement was material to a question then depending [ or intended to be raised] in the said proceeding. (5.) Perjury upon affirmation. Use such one of the preceding forms (1), (2), (3), (4), as is applicable, substituting the words ‘Having duly made a solemn affirmation’ for the words ‘Having been duly sworn,’ omitting the words ‘on oath,’ and substituting the word ‘deposed’ for the word ‘swore’. Form 80 FABRICATING EVIDENCE Section 126 (1). With intent to mislead the Supreme Court of Queensland ( or as the case may be ) on the trial of an action between one E.F. and one G.H. [ or on the trial of one E.F. on a charge of murder ( or as the case may be )], fabricated a photograph of a house with a person resembling the said E.F. standing in front thereof ( or as the case may be ), with intent that the same should be used and accepted as evidence by the said court: And that the same was accepted as evidence by the said court.
117 Criminal Practice Rules 1900 SCHEDULE (continued) (2). One M.N. with intent ( etc. as in (1)) had fabricated etc. with intent ( etc. as in (1)): And that A.B. on etc. at etc. knowing that the said photograph ( or etc. ) had been so fabricated made use thereof as evidence on the trial of the said action [ or of the said E.F. on the charge aforesaid]. Form 81 CORRUPTION OF WITNESSES Section 127 (1). Gave [ or Conferred or Procured or Promised ( or Offered) to give ( or confer or procure or attempt to procure)] to [ or upon or for] one M.N., certain property [ or a certain benefit] namely, ( etc. as in form 75(2)), upon an agreement [ or understanding] that the said M.N. [ or one O.P.] who had then been called [ or who was then about to be called] as a witness on the trial of an action between one E.F. and one G.H. ( or as the case may be ), should give false testimony [ or should withhold true testimony] on the said trial. (2). Attempted by threats of violence [ or by threatening to defame the character of one G.H. ( or as the case may be )] to induce one E.F., who had then been called [ or who was then about to be called] as a witness ( etc. as in (1)) to give false testimony [ or to withhold true testimony] on the said trial. (3). Asked [ or Received or Obtained or Agreed ( or Attempted) to receive ( or obtain)] from one M.N. certain property [ or a certain benefit], namely, ( etc. as in form 75(1)), upon an agreement [ or understanding] that he [ or she] should give false testimony [ or should withhold true testimony] as a witness on the trial of an action between one E.F. and one G.H. ( or as the case may be ) [ or that one O.P., who had then been called ( or who was then about to be called) ( etc. as in (1)) should give false testimony ( or withhold true testimony) on the said trial].
118 Criminal Practice Rules 1900 SCHEDULE (continued) Form 82 DECEIVING WITNESSES Section 128 One Q.R. had been called [ or was about to be called] as a witness on the trial of an action between one E.F. and one G.H. ( or as the case may be ): And that A.B. on etc. at etc. with intent to affect the testimony of the said Q.R. on the said trial ( or etc. ), fraudulently induced the said Q.R. to believe that he [ or she] had seen the said E.F., at a certain time and place when the said E.F. was not present [ or with intent ( etc. as above ) knowingly falsely stated to the said Q.R. that a person in whose company the said Q.R. had been at a certain time and place was the said E.F. ( or as the case may be )] [ or with intent ( etc. as above ), knowingly exhibited to the said Q.R. a letter falsely purporting to be written by the said E.F. ( or a photograph falsely purporting to be the photograph of the said E.F.) ( or as the case may be )]. Form 83 DESTROYING EVIDENCE Section 129 Knowing that a certain book [ or deed ( or as the case may be )], namely, a ledger ( or as the case may be ), was [ or might be] required in evidence in an action then pending in the Supreme Court of Queensland between one E.F. and one G.H. ( or as the case may be ), wilfully destroyed the same [ or wilfully rendered the same illegible ( or undecipherable or incapable of identification)], with intent thereby to prevent it from being used as evidence in the said action ( or etc.).
119 Criminal Practice Rules 1900 SCHEDULE (continued) Form 84 PREVENTING WITNESSES FROM ATTENDING Section 130 Wilfully prevented [ or attempted to prevent] one E.F., who had been duly summoned to attend as a witness before the Supreme Court of Queensland at Brisbane ( or as the case may be ) from so attending [ or from producing in evidence pursuant to his [ or her] subpoena ( or summons) a certain letter ( or as the case may be )]. Form 85 CONSPIRACY TO BRING FALSE ACCUSATION Section 131 Conspired together [ or with one M.N.] to charge one E.F. [ or to cause one E.F. to be charged] with the crime [ or offence] of murder ( or as the case may be ), alleged to have been by him [ or her] committed in Queensland [ or in New South Wales, ( or as the case may be )], he [ or she] the said A.B. then knowing that the said E.F. was innocent of the said alleged crime [ or offence] [ or not believing that the said E.F. was guilty of the said alleged crime ( or offence)]. Form 86 CONSPIRACY TO DEFEAT JUSTICE Section 132 Conspired together [ or with one M.N.] to obstruct [ or prevent or pervert or defeat] the course of justice upon the prosecution of one E.F. on a charge of murder [ or in an action then pending in the Supreme Court of Queensland between one E.F. and one G.H. ( or as the case may be )].
120 Criminal Practice Rules 1900 SCHEDULE (continued) Form 87 COMPOUNDING CRIMES Section 133 Asked [ or Received or Obtained or Agreed ( or Attempted) to receive ( or obtain)] from one E.F. certain property [ or a certain benefit] namely ( etc. as in form 75) upon an agreement [ or understanding] that he [ or she], the said A.B., would compound [ or conceal or abstain from ( or discontinue or delay) the prosecution of the said E.F. ( or of one G.H.) for] the crime of stealing ( or as the case may be ) then lately committed by the said E.F. [ or by one ( or by the said) G.H.] [ or would withhold evidence of a crime then lately committed by the said E.F. ( or by one G.H.)]. Form 88 COMPOUNDING PENAL ACTIONS Section 134 Having then lately brought an action [ or Under pretence of bringing an action] in the Supreme Court of Queensland ( or as the case may be ) against one M.N. upon the statute ( describe it by its short title (if any) or by the year and number ) in order to obtain from him [ or her] a penalty for an offence then lately committed [ or alleged to have been then lately committed] by the said M.N. against the provisions of the said statute, compounded the said action [ or pretended action] without the order or consent of the said court. Form 89 OFFERING REWARD FOR THE RETURN OF STOLEN PROPERTY Section 135 (1). Publicly offered a reward for the return of a watch ( or as the case
121 Criminal Practice Rules 1900 SCHEDULE (continued) may be ) which had then lately been stolen [ or lost], and in the offer stated that no questions would be asked [ or that the person producing the same would not be seized or molested ( or as the case may be )] . (2). Publicly offered to return to any person who might have bought or advanced money by way of loan upon a certain watch ( or as the case may be ), which had then lately been stolen [ or lost], the money so paid or advanced [ or the sum of $20 ( or as the case may be ) as a reward for the return of the property aforesaid]. (3). Printed [ or Published] an offer of a reward ( etc. as in (1)) [ or an offer to return ( etc. as in (2))]. Form 90 JUSTICES ACTING OPPRESSIVELY OR WHEN INTERESTED Section 136 (1). Being a justice of the peace, and being required [ or authorised] by law to admit one E.F., who was then accused of the crime [ or offence] of stealing ( or as the case may be ) to bail, did, without reasonable excuse and in abuse of his [ or her] office, require from the said E.F. excessive and unreasonable bail. (2). Being a justice of the peace, wilfully and perversely exercised jurisdiction as such justice in a matter in which he [ or she] had a personal interest, that is to say, in an action in the Magistrates Court at A between one M.N. and one O.P. [ or on the prosecution of one E.F. for wilfully and unlawfully damaging property in which he [ or she], the said A.B., had an interest ( or as the case may be )].
122 Criminal Practice Rules 1900 SCHEDULE (continued) Form 91 DELAY TO TAKE PERSON ARRESTED BEFORE MAGISTRATE Section 137 Having arrested one E.F. on a charge of riot ( or as the case may be ), wilfully delayed to take him [ or her] before a justice to be dealt with according to law. Form 92 BRINGING FICTITIOUS ACTION ON PENAL STATUTE Section 138 Brought in the name of X.Y., a fictitious person, as plaintiff [ or in the name of one X.Y. as plaintiff, but without his [ or her] authority], an action in the Supreme Court of Queensland ( or as the case may be ) against one E.F. upon the statute ( describe it by its short title (if any) or by the year and number ) for the recovery of a penalty for an offence then lately committed [ or alleged to have been then lately committed] by the said E.F. against the provisions of the said statute. Form 93 INSERTING ADVERTISEMENT WITHOUT AUTHORITY OF COURT Section 139 (1). Inserted without authority [ or Without authority caused to be inserted] in the gazette [ or in a newspaper called ( state its name )] an advertisement purporting to be published under the authority of the Supreme Court of Queensland ( or as the case may be ). (2). Inserted [ or Caused to be inserted] in the gazette [ or in a newspaper
123 Criminal Practice Rules 1900 SCHEDULE (continued) called etc. ] an advertisement purporting to be published under the authority of the Supreme Court of Queensland ( or as the case may be ), which advertisement was false in a material particular, namely, in that it was therein stated that ( set out the false statement ) whereas in truth ( state the truth ), as the said A.B. then well knew. Form 94 ATTEMPTING TO PERVERT JUSTICE Section 140 Attempted, by making away with [ or concealing or defacing the brands on] a horse ( or as the case may be, state the act alleged to have been done ), to obstruct [ or prevent or pervert or defeat] the course of justice upon the prosecution of one M.N. on a charge of stealing ( or as the case may be ). † 6—ESCAPES: OBSTRUCTING OFFICERS OF COURTS Form 96 AIDING PRISONERS TO ESCAPE Section 142 1 (1). Aided one M.N., who was then a prisoner in lawful custody, in escaping [ or attempting to escape] from such custody. (2). With intent to facilitate the escape on one M.N., who was then a prisoner in lawful custody, conveyed firearms [ or a mask ( or as the case may be )] [ or caused firearms ( or etc. ) to be conveyed] into a prison. 1 See now section 141 (Aiding persons to escape from lawful custody)
124 Criminal Practice Rules 1900 SCHEDULE (continued) Form 97 ESCAPE OF CRIMINAL PRISONER Section 143 2 Being in lawful custody under sentence of imprisonment after conviction for an indictable offence, escaped from such custody. Form 98 PERMITTING ESCAPE Section 144 3 Being an officer of a prison [ or a police officer], and being charged for the time being with the custody of one M.N., a prisoner [ or who was then under arrest upon a charge of an offence], wilfully permitted the said M.N. to escape from custody. Form 99 HARBOURING ESCAPED PRISONERS Section 145 4 Harboured [ or Maintained or Employed] one M.N., who then was an offender under a sentence involving deprivation of liberty and illegally at large, as the said A.B. then well knew. 2 See now section 142 (Escape by persons in lawful custody) 3 See now section 143 (Permitting escape) 4 See now section 144 (Harbouring escaped prisoners etc.)
125 Criminal Practice Rules 1900 SCHEDULE (continued) Form 100 RESCUING PATIENTS UNDER MENTAL HEALTH ACT 1974 Section 146 (1). Rescued one M.N. while he [ or she] was being conveyed as a patient under the Mental Health Act 1974 to [ or Rescued one M.N. during his [ or her] confinement as a patient in] a hospital [ or reception house] for patients [ or a house licensed under the laws relating to patients for the reception of patients or a prison]. (2). Being in charge of one M.N. while he [ or she] was being conveyed as a patient (under the Mental Health Act 1974 ) to a hospital ( or etc. as in (1)), wilfully permitted him [ or her] to escape from custody. (3). Being a superintendent of [ or a person employed in] a hospital ( or etc. as in (1)), wilfully permitted one M.N., who was then confined therein as a patient (under the Mental Health Act 1974 ), to escape therefrom. (4). Concealed one M.N., who had then lately been rescued [ or had then lately escaped] while he [ or she] was being conveyed as a patient (under the Mental Health Act 1974 ) to [ or during his [ or her] confinement as a patient in] a hospital ( or etc. as in (1)), as he [ or she] the said A.B. then well knew. Form 101 REMOVING PROPERTY ETC. UNDER LAWFUL SEIZURE Section 147 Certain goods, namely 100 cattle, had been attached [ or taken] by the sheriff of Queensland ( or as the case may be ) under the process [ or authority ] of the Supreme Court of Queensland ( or as the case may be ): And that A.B. on etc. at etc. while the said goods were so attached [ or taken], and were in the custody of the said sheriff ( or etc. ), knowingly, and with intent to defeat the said attachment [ or process], received [ or removed or retained or concealed or disposed of] the said goods.
126 Criminal Practice Rules 1900 SCHEDULE (continued) Form 102 OBSTRUCTING OFFICERS OF COURTS OF JUSTICE Section 148 Wilfully obstructed [ or resisted] one E.F., who was then lawfully charged with the execution of an order of the Supreme Court of Queensland [ or of a warrant lawfully issued under the authority of the Supreme Court of Queensland] ( or as the case may be ). † 7—OFFENCES RELATING TO THE COIN Form 103 COUNTERFEITING GOLD OR SILVER COIN Section 150 Made [ or Began to make] a counterfeit gold [ or silver] coin apparently intended to pass for the current coin called sovereigns [ or for a coin of the United States of America called dollars ( or as the case may be )]. Form 104 PREPARATION FOR COINING GOLD OR SILVER COIN Section 151 (1). Gilded [ or Silvered] a piece of metal of a fit size [ or figure] to be coined, with intent that it should be coined into a counterfeit coin apparently intended to pass for the current gold coin called sovereigns ( or as the case may be ) [ or for a coin of the United States of America, called dollars ( or as the case may be )]. (2). Made a piece of metal into a fit size [ or figure] to facilitate the
127 Criminal Practice Rules 1900 SCHEDULE (continued) coining from it of a counterfeit gold [ or silver] current coin apparently intended to pass for the current coin called sovereigns ( or as the case may be , as in (1)), with intent such counterfeit coin should be made from it. (3). Without lawful authority or excuse. (a) bought [ or sold or received or paid or disposed of] [ or offered to buy ( or sell or receive or pay or dispose of) from [ or to] one M.N. [10] counterfeit gold [ or silver] coins apparently intended to pass for the current coin called sovereigns ( or as the case may be , as in (1)), at a lower rate than the same imported [ or were apparently intended to import]; or (b) brought [ or received] into Queensland [10] counterfeit gold [ or silver] coins apparently intended to pass for the current coin called sovereigns ( or as the case may be, as in (1)): And that the said A.B. then knew that the same were counterfeit; or (c) made [ or mended or began ( or prepared) to make ( or mend) or had in his [ or her] possession or disposed of to one M.N.] a stamp [ or mould] which was adapted to make the resemblance of [part of] both [ or 1 of the] sides of the current gold [ or silver] coin called sovereigns ( or as the case may be, as in (1))*: And that the said A.B. then knew that the same was such a stamp [ or mould] [ or was so adapted]; or (d) made ( or etc. as in (c)) a tool [ or instrument or machine] namely, an edger ( or as the case may be ) which was adapted and intended to be used for marking coin round the edges with marks [ or figures] apparently resembling those on the edges of the current gold [ or silver] coin called sovereigns ( or as the case may be, as in (1)): And that the said A.B. then knew that the said tool ( or etc. ) was so adapted and intended; or (e) made ( or etc. as in (c)) a press for coinage [ or a tool ( or an instrument or a machine) which was adapted for cutting round blanks out of gold ( or as the case may be )]: And that the said A.B. then knew that the said press [ or tool or instrument or machine] had been used [ or was intended to be used] for making counterfeit gold [ or silver] coins apparently resembling the current coin called sovereigns ( or as the case may be, as in (1)); or (f) knowingly conveyed out of the mint of our said Lady the Queen at
128 Criminal Practice Rules 1900 SCHEDULE (continued) Brisbane [a useful part, namely, a ( describe it ) of] a stamp ( or as the case may be ) used [ or employed] in coining [ or certain coin, namely, 50 sovereigns] [ or certain gold ( or silver) bullion or certain metal, namely, copper or a mixture of gold and copper ( or as the case may be )]. Form 105 CLIPPING Section 152 Diminished the weight of a piece [ or 10 pieces] of current gold [ or silver] coin, namely, a sovereign ( or as the case may be ) with intent that, when so dealt with, it [ or they] might pass as current gold [ or silver] coin. Form 106 POSSESSION OF CLIPPINGS Section 153 Unlawfully had in his [ or her] possession [ or disposed of to one M.N.] filings [ or clippings] of gold [ or silver] [ or gold ( or silver) in bullion ( or in dust or in solution ( or as the case may be ))], which had been obtained by dealing with current gold [ or silver] coin in such a manner as to diminish its weight: And that the said A.B. then knew that the same had been so obtained.
129 Criminal Practice Rules 1900 SCHEDULE (continued) Form 107 UTTERING COUNTERFEIT GOLD OR SILVER COIN Section 154 Uttered a counterfeit gold [ or silver] coin apparently intended to pass for the current coin called sovereigns ( or as the case may be , as in form 103): And that the said A.B. then knew that the same was counterfeit. Form 108 REPEATED UTTERING OF COUNTERFEIT GOLD OR SILVER COIN, OR POSSESSION OF SEVERAL SUCH COINS Section 155 (1). Uttered ( etc. as in form 107 to the end ): And further that at the time of his [ or her] so uttering the same the said A.B. had in his [ or her] possession, besides the counterfeit coin so uttered by him [ or her], another [ or other] counterfeit gold [ or silver] coin [ or coins] apparently intended ( etc. as in form 107 ). (2). Uttered ( etc. as in form 107 to the end ): And further that on the same day [ or within 10 days thereafter, namely, on etc.] at etc. the said A.B. uttered another (etc. as in form 107 to the end ). (3). Had in his [ or her] possession [3] pieces of counterfeit gold [ or silver] coins apparently intended to pass for the current coin called sovereigns ( or as the case may be ) with intent to utter [some of] them: And that the said A.B. then knew that the same were counterfeit.
130 Criminal Practice Rules 1900 SCHEDULE (continued) Form 109 UTTERING AFTER PREVIOUS CONVICTIONS Section 155 (a) Uttered ( etc. as in form 107 or 108 to the end ): And further that the said A.B. had previously, namely, on etc. at etc. been convicted of the offence of ( state offence as in 1 of those forms ) [ or of the crime of ( state crime as in 1 of the forms 103, 104, 105, 106, s howing that the offence was committed with respect to current coin )]. (b) Uttered ( etc. as in (a) to the end, showing that the offence was committed with respect to foreign coin ): And further that the said A.B. had also, namely, on etc. at etc. been convicted ( etc. as in ( a ) , showing that the offence was committed with respect to foreign coin ). Form 110 COUNTERFEITING COPPER COIN Section 157 (1). Made [ or Began to make] a counterfeit copper coin apparently intended to pass for the current coin called pennies [ or for a coin of the United States of America called cents ( or as the case may be )]. (2). Without lawful authority or excuse made [ or mended or began ( or prepared) to make ( or mend) or had in his [ or her] possession or disposed of to one M.N.] a tool [ or an instrument or machine] which was adapted and intended for making counterfeit copper coin apparently intended to pass for the current copper coin called pennies [ or for coins of the United States of America called cents ( or as the case may be )]: And that the said A.B. then knew that the said tool [ or etc.] was so adapted and intended. (3). Bought or Sold or Received or Paid or Disposed of] [ or Offered to by ( or sell or receive or pay or dispose of)] from [ or to] one M.N. [10]
131 Criminal Practice Rules 1900 SCHEDULE (continued) counterfeit copper coins apparently intended to pass for the current copper coin called pennies ( or as the case may be, as in (2)) at a lower rate than the same imported [ or were apparently intended to import]. (4). As in (1) (2) or (3), showing that the offence was committed with respect to foreign coins: And further that the said A.B. had previously, namely, on etc. at etc. been convicted ( etc. as in form 109 ). Form 111 UTTERING BASE COPPER COIN Section 158 (1). Uttered a counterfeit copper coin apparently intended to pass for the current copper coin called pennies ( or as the case may be ): And that the said A.B. then knew that the same was counterfeit. (2). Had in his [ or her] possession [3] pieces of counterfeit copper coins apparently intended to pass for the current copper coin called pennies ( or as the case may be ) with intent to utter [some of] them: And that the said A.B. then knew that the same were counterfeit. Form 112 DEFACING COIN BY STAMPING WORDS THEREON Section 159 Defaced a current gold [ or silver or copper] coin, namely a sovereign ( or as the case may be ), by stamping a name [ or names or a word or words] upon it.
132 Criminal Practice Rules 1900 SCHEDULE (continued) Form 113 UTTERING FOREIGN COIN, MEDALS ETC. AS CURRENT COIN WITH INTENT TO DEFRAUD Section 160 Uttered as and for the current gold [ or silver] coin called sovereigns (or as the case may be ) a coin which was not current coin [ or a medal ( or a piece of metal) which was of less value than a sovereign ( or etc. )], with intent thereby then to defraud. Form 114 EXPORTING COUNTERFEIT COIN Section 161 Without lawful authority or excuse exported [ or put on board of a vessel ( or dray) ( or as the case may be ) for the purpose of being exported] from Queensland [10] counterfeit coins apparently intended to pass for the current coin called sovereigns (or as the case may be ): And that the said A.B. then knew that the same were counterfeit. Form 115 HAVING POSSESSION OF MORE THAN 5 PIECES OF COUNTERFEIT FOREIGN COIN Section 162 Without lawful authority or excuse had in his [ or her] possession [10] counterfeit coins apparently intended to pass for coins of the United States of America called dollars ( or as the case may be ).
133 Criminal Practice Rules 1900 SCHEDULE (continued) † 8—OFFENCES RELATING TO POSTS AND TELEGRAPHS Form 116 STOPPING MAILS Section 164 (1). Stopped a mail conveyance with intent to search the mail. (2). Stopped one E.F., who was then engaged in conveying [ or delivering] a mail, with intent to search the said mail. Form 117 INTERCEPTING THINGS SENT BY POST OR TELEGRAPH Section 165 Unlawfully secreted [ or destroyed] [part of] a letter [ or telegram ( or as the case may be )] which was then in course of transmission by post [ or telegraph]. Form 118 TAMPERING WITH THINGS SENT BY POST OR TELEGRAPH Section 166 (1). Being employed by [ or under] the Post and Telegraph Department, unlawfully and without authority opened a letter which was then in course of transmission by post [ or suppressed part of a telegram which was then in course of transmission by telegraph ( or as the case may be, stating the unauthorised act )].
134 Criminal Practice Rules 1900 SCHEDULE (continued) (2). Being employed ( etc. as in (1)), knowingly permitted one M.N. unlawfully and without authority to open ( etc. as in (1)). Form 119 WILFUL MISDELIVERY OF THINGS SENT BY POST OR TELEGRAPH Section 167 Being charged by virtue of his [ or her] employment as an employee of the Postmaster-General [ or by virtue of a contract between him [ or her] and the Postmaster-General or by virtue of his [ or her] employment as an employee of one Q.R., who was under contract with the Postmaster- General for the conveyance of mails ( or as the case may be )] with the delivery of a mail bag addressed to one E.F., the postmaster at A. [ or of a letter or of a telegram ( or as the case may be) addressed to one E.F . ( or as the case may be )], wilfully delivered the said mail bag ( or etc. ) to another person who was not authorised by the said E.F. to receive it. Form 120 OBTAINING LETTERS BY FALSE PRETENCES Section 168 By falsely pretending [ or stating] to one Q.R., a postmaster [ or an officer ( or an employee) of the Post and Telegraph Department], that he [ or she] the said A.B. was authorised by one E.F. to receive letters addressed to him [ or her] ( or as the case may be, state substance of false pretence or misstatement ) induced the said Q.R. to deliver to him [ or her], the said A.B., a letter [ or telegram ( as the case may be )] which was sent by post [ or telegraph] and was not addressed to him [ or her].
135 Criminal Practice Rules 1900 SCHEDULE (continued) Form 121 SECRETING LETTERS ETC. Section 169 Wilfully secreted [ or detained] a letter [ or telegram ( or as the case may be )] which, having been sent by post [ or telegraph] addressed to one E.F., was found by the said A.B. [ or was wrongly delivered to the said A.B.], and which ought to have been delivered to the said E.F., as he [ or she] the said A.B. then well knew. Form 122 FRAUDULENT ISSUE OF MONEY ORDERS AND POSTAL NOTES Section 170 Being employed by [ or under] the Post and Telegraph Department, and being charged by virtue of such employment with the duty of issuing [ or with duties in connection with the issue of] money orders [ or postal notes], unlawfully and with intent to defraud issued a money order [ or postal note] for $20 to [ or in favour of] one M.N. Form 123 FRAUDULENT MESSAGES RESPECTING MONEY ORDERS Section 171 Being employed by [ or under] the Post and Telegraph Department, and being charged by virtue of such employment with duties in connection with money orders, sent to one M.N. a false [ or misleading] letter [ or telegram or message] concerning a money order [ or concerning money payable to one E.F. under a money order], with intent thereby then to defraud.
136 Criminal Practice Rules 1900 SCHEDULE (continued) Form 124 SENDING DANGEROUS OR OBSCENE THINGS BY POST Section 172 (1). Knowingly sent [ or Knowingly attempted to send] by post a letter [ or parcel ( or as the case may be )] which enclosed a thing likely to injure other things in the course of conveyance [ or likely to injure any person by whom the same might be handled ( or opened) ( or as the case may be )], namely, a bottle of sulphuric acid ( or as the case may be). (2). Knowingly sent [ or Knowingly attempted to send] by post a letter ( or as the case may be ) which enclosed an indecent [ or obscene] print [ or etc. ] [ or which had on it ( or in it or on its cover) indecent ( or obscene or grossly offensive) words ( or marks or designs)]. Form 125 INTERFERENCE WITH TELEGRAPHS Section 184 (1). Wilfully and unlawfully destroyed [ or damaged or removed] part of an apparatus used in the working of [ or used in connection with] an electric telegraph under the control of the Postmaster-General, namely, a battery [ or an insulator ( or as the case may be )]. (2). Wilfully and unlawfully prevented [ or obstructed] the sending [ or delivering] of a communication by an electric telegraph under the control of the Postmaster-General.
137 Criminal Practice Rules 1900 SCHEDULE (continued) † 9—MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY Form 127 FALSE STATEMENTS IN STATEMENTS REQUIRED TO BE UNDER OATH OR SOLEMN DECLARATION Section 193 Being required by law to verify on his [ or her] oath [ or by his [ or her] solemn declaration ( or solemn affirmation)] a statement made by him [ or her] on the occasion of his [ or her] marriage to one M.N. [ or under (the regulations made in pursuance of) the Succession and Probate Duties Act 1892 touching the property of one Q.R. deceased ( or as the case may be, show the occasion on which the obligation to verify the statement arose )], made a statement [touching the matter aforesaid] which was false in a material particular, namely, in that it was thereby stated that ( set out false statement ), whereas in truth ( set out the truth ), as the said A.B. then well knew: And that the said A.B. then verified the said statement on his [ or her] oath [ or by his [ or her] solemn declaration ( or solemn affirmation)]. Form 128 FALSE DECLARATIONS AND STATEMENTS Section 194 Being permitted [ or required] by law to make a statement [ or declaration] touching ( etc. state subject matter of statement or declaration so as to show that it was permitted or required by law ), made a statement [ or declaration] touching the matter aforesaid before S.T., a justice of the peace ( or as the case may be ), who was then authorised by law to permit the said statement [ or declaration] to be made before him [ or her], which said statement [ or declaration] was false in a material particular, namely, in
138 Criminal Practice Rules 1900 SCHEDULE (continued) that it was thereby stated [ or declared] that ( set out the false statement ), whereas in truth [ set out the truth ], as the said A.B. then well knew. Form 129 SHOOTING AT CUSTOMS BOATS OR OFFICERS Section 196 (1). Shot at a steam launch [ or boat ( or as the case may be )], which was then in use by one E.F., an officer of customs, while he [ or she] was engaged in the execution of his [ or her] duty as such officer. (2). Shot at [ or Wounded or Caused grievous bodily harm to] one E.F., an officer of customs, while he [ or she] was engaged in the execution of his [ or her] duty in the prevention of smuggling [ or one G.H., who was then acting in aid of one E.F., an officer of customs, while he [ or she] was ( etc. as above )]. Form 130 RESISTING OFFICERS ENGAGED IN PREVENTING SMUGGLING Section 197 Assaulted [ or Obstructed or Resisted] with violence one E.F., an officer of customs [ or being a person duly employed for the prevention of smuggling], while he [ or she] was engaged in the execution of his [ or her] duty in the prevention of smuggling [ or one G.H., who was then acting in aid of one E.F. ( etc. as above )]. Form 131
139 Criminal Practice Rules 1900 SCHEDULE (continued) RESISTING CUSTOMS OFFICERS Section 198 (1). Assaulted [ or Obstructed] one E.F., an officer of customs [ or being a person duly employed for the prevention of smuggling], while he [ or she] was engaged in the execution of his [ or her] duty under the laws relating to the customs [ or while he [ or she] was engaged in the seizure of certain goods claimed to be liable to forfeiture under the laws relating to the customs [ or Assaulted ( or Obstructed) one G.H., who was then acting in aid of one E.F., ( etc. as above )]. (2). Rescued [ or Attempted to rescue] certain goods [namely, opium] which had then lately been seized as liable to forfeiture under the laws relating to the customs. (3). Certain goods [namely, 10 casks of wine,] were seized as liable to forfeiture under the laws relating to the customs: And that before [ or at the time of or after] the said seizure A.B. stove [ or broke or destroyed or attempted to stave ( or break or destroy)] the said goods, with intent thereby then to prevent the seizure [ or securing] thereof. Form 132 RESISTING PUBLIC OFFICERS Section 199 (1). Obstructed [ or Resisted] one E.F., a public officer, while he [ or she] was engaged in the [attempted] discharge of the duties of his [ or her] office as an Inspector of Mines under the Mining Act 1898 ( or as the case may be ). (2). Obstructed [ or Resisted] one E.F., being the mining manager of the O.P. mine, while he [ or she] was engaged in the (attempted) discharge of the duty of examining the machinery used in the working of the said mine, which duty was imposed upon him [ or her] as such mining manager by the Mining Act 1898 ( or as the case may be ).
140 Criminal Practice Rules 1900 SCHEDULE (continued) Form 133 REFUSAL BY PUBLIC OFFICER TO PERFORM DUTY Section 200 Was employed in the public service of Queensland [ or as an officer of the Supreme Court of Queensland ( or as the case may be )], and thereupon it became and was his [ or her] duty by virtue of such employment to ( state the duty) : Yet the said A.B. perversely and without lawful excuse omitted [ or refused] so to do. Form 134 NEGLECT OF OFFICERS TO SUPPRESS RIOT Section 201 Being sheriff [ or under sheriff] of Queensland [ or a justice of the peace ( or as the case may be )], and having notice that there was a riot in his [ or her] neighbourhood, omitted without reasonable excuse to do his [ or her] duty in suppressing such riot. Form 135 NEGLECT TO AID IN SUPPRESSING RIOT Section 202 Having had reasonable notice that he [ or she] was required to assist P.P., sheriff of Queensland [ or S.T. a justice of the peace ( or as the case may be )], in suppressing a riot, omitted without reasonable excuse to give such assistance.
141 Criminal Practice Rules 1900 SCHEDULE (continued) Form 136 NEGLECT TO AID IN ARRESTING OFFENDERS Section 203 Having had reasonable notice that he [ or she] was required to assist P.P., sheriff of Queensland [ or S.T. a police officer ( or as the case may be )], in arresting one M.N. [ or a person to the said Attorney-General ( or J.J.K.) unknown] [ or in preserving the peace], omitted without reasonable excuse to give such assistance. Form 137 DISOBEDIENCE TO STATUTE LAW Section 204 (1). Without lawful excuse ( state the forbidden act done ), contrary to the provisions of the Act ( describe it by its short title (if any) or by the year and number ). (2). Being ( state position or condition giving rise to duty ), without lawful excuse omitted to (s tate the omitted act ), as by the provisions of the Act ( describe it as above ) he [ or she] was required to do. Form 138 DISOBEDIENCE TO LAWFUL ORDER ISSUED BY STATUTORY AUTHORITY Section 205 On etc. an order was made by the Supreme Court of Queensland [ or by the Home Secretary ( or as the case may be ) under and in execution of the provisions of the Act of ( describe it by its short title (if any) or by the year and number )] whereby it is was ordered ( etc. set out the order briefly) : And
142 Criminal Practice Rules 1900 SCHEDULE (continued) that on etc. at etc. A.B., being the [ or a] person who by the said order was required to [refrain from] ( state act required to be done or omitted ) without lawful excuse disobeyed the said order by ( state omission or act alleged ). † C—ACTS INJURIOUS TO THE PUBLIC IN GENERAL † 1—OFFENCES RELATING TO RELIGIOUS WORSHIP Form 139 OFFERING VIOLENCE TO OFFICIATING MINISTERS OF RELIGION Section 206 (1). By threats [ or force] prevented [ or attempted to prevent] one E.F., a minister of religion, from lawfully officiating in a place of religious worship [ or from performing his [ or her] duty in the lawful burial of the dead in a cemetery ( or as the case may be )]. (2). By threats [ or force] obstructed [ or attempted to obstruct] one E.F., a minister of religion, while he [ or she] was lawfully officiating in a place of religious worship [ or while he [ or she] was performing his [ or her] duty in the lawful burial of the dead in a cemetery ( or as the case may be )]. (3). Assaulted [ or Arrested, under the pretence of executing civil process], one E.F., a minister of religion, who was then, as the said A.B. then well knew, engaged [ or about to engage] in lawfully officiating in a place of religious worship [ or in performing his [ or her] duty in ( etc. as in (1))] [ or who was then, as the said A.B. then well knew, going to lawfully officiate in a place of religious worship ( or going to perform his [ or her] duty ( etc. as above ) or returning from lawfully officiating ( etc. as above ) or returning from performing his [ or her] duty ( etc. as above ))].
143 Criminal Practice Rules 1900 SCHEDULE (continued) Form 140 DISTURBING RELIGIOUS WORSHIP Section 207 (1). Wilfully and without lawful justification or excuse disquieted [ or disturbed] a meeting of persons lawfully assembled for religious worship. (2). Wilfully and without lawful justification or excuse assaulted one E.F. while he [ or she] was lawfully officiating at [ or one E.F. one of the persons assembled at] a meeting of persons lawfully assembled for religious worship. † 2—OFFENCES AGAINST MORALITY Form 141—UNNATURAL OFFENCES Section 208 5 (2). Had carnal knowledge of a cow (or as the case may be). Form 143 INDECENT TREATMENT OF BOYS UNDER 17 Section 210 6 Unlawfully and indecently dealt with one E.F., a boy under the age of 17 [ or 14] years. 5 See now section 211 (Carnal knowledge of animal) 6 See now section 210 (Indecent treatment of children under 16)
144 Criminal Practice Rules 1900 SCHEDULE (continued) Form 145 DEFILEMENT OF GIRLS UNDER 12 Section 212 7 (1). Unlawfully had carnal knowledge of one E.F., a girl under the age of 12 years. (2). Attempted to have unlawful carnal knowledge of one E.F., a girl under the age of 12 years. Form 146 HOUSEHOLDER PERMITTING DEFILEMENT OF YOUNG GIRLS ON HIS [ OR HER] PREMISES Section 213 8 Being the owner [ or occupier] of certain premises [ or then having ( or acting in or assisting in) the management ( or control) of certain premises) at B, induced [ or knowingly permitted] one E.F., a girl under the age of 12 [ or 16] years, to resort to [ or to be in ( or upon)] the said premises for the purpose of being unlawfully carnally known by a man. Form 147 ATTEMPT TO ABUSE GIRLS UNDER 10 Section 214 9 7 See now section 215 (Carnal knowledge of girls under 16) 8 See now section 213 (Householder permitting abuse of children on householder’s premises) 9 See now section 215 (Carnal knowledge of girls under 16)
145 Criminal Practice Rules 1900 SCHEDULE (continued) Attempted to have unlawful carnal knowledge of one E.F., a girl under the age of 10 years. Form 148 DEFILEMENT OF GIRLS UNDER 16 AND IDIOTS Section 215 10 (1) Unlawfully had [ or Attempted to have unlawful] carnal knowledge of one E.F., a girl under the age of 16 years. (2) Unlawfully had [ or Attempted to have unlawful] carnal knowledge of one E.F., an idiot [ or an imbecile]: And that the said A.B. then knew that the said E.F. was an idiot [ or an imbecile]. Form 149 INDECENT TREATMENT OF GIRLS UNDER 16 Section 216 11 Unlawfully and indecently dealt with one E.F., a girl under the age of 16 [ or 14] years. 10 See now sections 215 and 216 (Abuse of intellectually impaired persons) 11 See now section 210 (Indecent treatment of children under 16)
146 Criminal Practice Rules 1900 SCHEDULE (continued) Form 150 PROCURATION Section 217 12 (1). Procured one E.F., a girl [ or woman] under the age of 21 years, who was not a common prostitute or of known immoral character, to have unlawful carnal connection with a man. (2). Procured one E.F. to become a common prostitute. (3). Procured one E.F. to leave Queensland with intent that she might become the inmate of a brothel at S., in the State of New South Wales ( or as the case may be ). (4). Procured one E.F. to leave her usual place of abode in Queensland, which was not a brothel, with intent that she might become the inmate of a brothel at T. for the purposes of prostitution. Form 151 PROCURING DEFILEMENT OF WOMEN BY THREATS, OR FRAUD, OR ADMINISTERING DRUGS Section 218 13 (1). By threats [ or intimidation] procured one E.F. to have unlawful carnal connection with a man. (2). By falsely pretending to one E.F., who was not a common prostitute or of known immoral character, that [ state false pretence ], procured her to have unlawful carnal connection with a man. (3). Administered a drug ( or as the case may be ), namely, chloroform ( or as the case may be) , to one E.F. [ or Caused one E.F. to take a drug ( etc. 12 See now section 217 (Procuring young person etc. for carnal knowledge) 13 See now section 218 (Procuring sexual acts by coercion etc.)
147 Criminal Practice Rules 1900 SCHEDULE (continued) as above )] with intent to stupefy [ or overpower] her, so as thereby to enable a man to have unlawful carnal connection with her. Form 152 ABDUCTION OF GIRL UNDER 18 WITH INTENT TO HAVE CARNAL KNOWLEDGE Section 219 14 Took one E.F., an unmarried girl under the age of 18 years, [ or Caused one E.F., an unmarried girl under the age of 18 years, to be taken] out of the custody [ or protection] of one G.F., her father [ or mother], [ or of one O.P.,] who then had the lawful care [ or charge] of her, and against the will of the said G.F. [ or O.P.], with intent that she might be unlawfully carnally known by a man. Form 154 CONSPIRACY TO DEFILE Section 221 Conspired together [ or with one M.N.] to induce one E.F., by falsely pretending to her that ( state nature of false pretence ) [ or by fraudulent representations as to the nature of carnal knowledge ( or as the case may be) ], to permit one [ or the said] M.N. [ or a man] to have unlawful carnal knowledge of her. 14 See now section 219 (Taking child under 16 for immoral purposes)
148 Criminal Practice Rules 1900 SCHEDULE (continued) Form 155 INCEST BY MAN Section 222 (1). Carnally knew one E.B., who was his daughter [ or grand daughter or sister], as he then well knew. (2). Attempted to have carnal knowledge of one E.B. ( etc. as in (1)). Form 156 INCEST BY ADULT FEMALES Section 223 Being of [ or above] the age of 18 years, permitted one E.B. who was her father [ or grandfather or brother], to have carnal knowledge of her: And that the said A.B. then well knew that the said E.B. was her father [ or grandfather or brother]. Form 157 ATTEMPTS TO PROCURE ABORTION Section 224 Unlawfully administered poison [ or a noxious thing], namely, ergot of rye ( or as the case may be ), to one E.F. [ or Unlawfully caused one E.F. to take poison ( or etc. as above ) or Unlawfully used force ( or as the case may be, describe the means used ) to one E.F.], with intent thereby then to procure her miscarriage.
149 Criminal Practice Rules 1900 SCHEDULE (continued) Form 158 THE LIKE OF WOMEN WITH CHILD Section 225 Unlawfully administered to herself poison [ or a noxious thing], namely, ergot of rye ( or as the case may be ) [ or Unlawfully used force ( or as the case may be, describe the means used ) to herself], with intent thereby to procure her own miscarriage. Form 159 SUPPLYING DRUGS OR INSTRUMENTS TO PROCURE ABORTION Section 226 Unlawfully supplied to [ or procured for] one E.F. poison [ or an instrument ( or as the case may be )] which was intended by the said E.F. to be unlawfully used to procure the miscarriage of a woman [ or her own miscarriage ], as the said A.B. then well knew. Form 160 INDECENT ACTS Section 227 (1). Wilfully and without lawful excuse exposed his [ or her] naked body ( or as the case may be ) in a place to which the public were permitted to have access. (2). Wilfully exposed his [ or her] private parts ( or as the case may be ) with intent thereby then to insult [ or annoy] one E.F.
150 Criminal Practice Rules 1900 SCHEDULE (continued) Form 161 OBSCENE PUBLICATIONS AND EXHIBITIONS Section 228 (1). Publicly sold [ or exposed for sale] an obscene book called etc. [ or an obscene pamphlet ( or manuscript or picture or photograph or drawing or model)] [ or a statue ( as the case may be ) of such a nature as to tend to corrupt morals]. (2). Exposed to view in a place to which the public were permitted to have access an obscene picture ( or etc. as in (1)). (3). Publicly exhibited an indecent show [ or performance]. † 3—NUISANCES: MISCONDUCT RELATING TO CORPSES Form 162 COMMON NUISANCES Section 230 (1). ( a ) Without lawful justification or excuse carried on in the neighbourhood of a public highway an offensive [ or dangerous] trade [ or manufacture], namely, the trade of a tripe boiler [ or the manufacture of gunpowder] ( or as the case may be, stating the act done ): by reason whereof danger was caused to the lives [ or safety or health] of the public. ( b ) Having under his [ or her] control a piece of land in the neighbourhood of a public highway upon which large quantities of putrid and offensive matter had accumulated, omitted without lawful justification or excuse to cause the matter aforesaid to be removed therefrom ( or as the case may be ): by reason whereof danger was caused ( etc. as in (1)). (2). ( a ) Without lawful justification or excuse dug a ditch [ or erected a
151 Criminal Practice Rules 1900 SCHEDULE (continued) fence] across a public highway ( or as the case may be) , by reason where of danger was caused to the property [ or comfort] of the public using the said highway [ or by reason whereof the public were obstructed in the exercise ( or enjoyment) of the common right of all Her Majesty’s subjects to pass in safety along the said highway] ( or as the case may be ), and by reason whereof one E.F. suffered bodily injury. ( b ) Having under his [ or her] control a piece of land in the neighbourhood of a public highway upon which was erected a factory ( or as the case may be ) from which large quantities of polluted water were discharged, omitted without reasonable justification or excuse to prevent the said water from overflowing the said highway: by reason whereof ( etc. as in (2)( a )) ( or as the case may be ), and by reason whereof one E.F. suffered bodily injury. Form 163 BAWDY HOUSES Section 231 15 Kept a house [ or room or set of rooms or tent ( or as the case may be )] for the purpose of prostitution. Form 164 GAMING HOUSES Section 232 Kept a common gaming house. 15 See now section 229K (Having an interest in premises used for the purposes of prostitution etc.)
152 Criminal Practice Rules 1900 SCHEDULE (continued) Form 165 BETTING HOUSES Section 233 (1). Opened [ or Kept or Used] a common betting house. (2). Being the owner [ or occupier] of a house [ or room or tent or yard ( or as the case may be )] knowingly and wilfully permitted it to be opened [ or kept or used] as a common betting house by one M.N. (3). Had the use [ or management] [ or Assisted in conducting the business] of a common betting house. Form 166 LOTTERIES Section 234 Unlawfully opened [ or kept or used ] a house [ or room or yard or stand in a paddock ( or as the case may be )] for carrying on a lottery. Form 167 MISCONDUCT WITH REGARD TO CORPSES Section 236 (1). Having undertaken [ or Being charged by virtue of his [ or her] office as a police officer ( or as the case may be ) with] the duty of burying the dead body of a man [ or woman], neglected without lawful justification or excuse to perform such duty. (2). Indecently interfered with the dead body of a woman [ or man] ( or as the case may be ).
153 Criminal Practice Rules 1900 SCHEDULE (continued) † 4—OFFENCES AGAINST PUBLIC HEALTH Form 168 FALSE INFORMATION AS TO HEALTH OF FOREIGN SHIPS Section 237 Being the master [ or medical officer] of the ship Mary, then lately arrived from beyond sea, neglected [ or refused] to give to one E.F., an officer employed in the public service of Queensland in that behalf, certain information which he [ or she] was required by law to give to the said E.F. with respect to the places at which the said ship had touched on its voyage ( or as the case may be ) [ or gave to one E.F., an officer employed in the public service of Queensland in that behalf, verbal ( or written ) information with respect to a matter as to which he [ or she] was required by law to give information to the said E.F., that is to say, with respect to the places at which the said ship had touched on its voyage ( or with respect to the existence of any contagious or infectious disease on board of the said ship ( or as the case may be )), which information was false in a material particular, namely, in that the said A.B. informed the said E.F. that ( state the false information ), whereas in truth ( state the truth ), as the said A.B. then well knew.] Form 169 EXPOSING FOR SALE THINGS UNFIT FOR FOOD Section 238 Knowingly exposed for sale food for human consumption [ or Had in his [ or her] possession with intent to sell it for human consumption] a carcass of a pig [ or certain food ( or as the case may be )] which was unfit for human consumption, as he [ or she] then well knew.
154 Criminal Practice Rules 1900 SCHEDULE (continued) Form 170 DEALING IN DISEASED MEAT Section 239 (1). Knowingly took into a slaughterhouse used for the slaughter of animals intended for human consumption [part of] the carcass of a sheep ( or as the case may be ) which had died of disease. (2). Knowingly sold [ or exposed for sale] [part of] the carcass of a sheep ( or as the case may be ) which had died of disease [ or which was diseased when slaughtered]. Form 171 ADULTERATING LIQUOR Section 240 (1). Put [ or Mixed] a deleterious [ or poisonous] substance, namely, cocculus indicus ( or as the case may be ), into [ or with] certain spirituous [ or fermented] liquor, namely, whisky [ or beer] ( or as the case may be )]. (2). Sold [ or Gave by way of exchange ( or as the case may be ) or Kept for sale] certain spirituous [ or fermented] liquor, namely, whisky ( or as the case may be ), into [ or with] which a deleterious [ or poisonous] substance, namely, sulphuric acid ( or as the case may be ), had been put [ or mixed]. Form 172 ADULTERATION OF BEVERAGES Section 241 Being a public brewer [ or Being a maker] of a liquor intended to be used as a beverage for human consumption, namely, beer ( or as the case may be ).
155 Criminal Practice Rules 1900 SCHEDULE (continued) ( a ) used in the brewing [ or making] of the liquor a deleterious [ or poisonous] substance, namely, cocculus indicus ( or as the case may be ); or ( b ) put [ or mixed] a deleterious [ or poisonous] substance, namely, cocculus indicus ( or as the case may be ) , into [ or with] the said liquor. † 5—MISCELLANEOUS OFFENCES Form 173 FRAUDS ON LAND LAWS Section 242 For the purpose of acquiring land from our said Lady the Queen ( a ) fraudulently evaded [ or attempted to evade] the provisions of the Land Act 1897 relating to the fulfilment of conditions in respect of agricultural farms ( or as the case may be ) by procuring one M.N. to occupy an agricultural farm, namely, number ( describe the farm sufficiently to identifyit) , of which he [ or she] the said A.B. was lessee, and representing the said M.N. to be his [ or her] actual agent for the purpose of the use and occupation of the said farm: Whereas the said M.N. was not such agent, but used and occupied the said farm for his [ or her] own benefit only ( or as the case may be, describe briefly the evasion or attempted evasion ): or ( b ) fraudulently procured one M.N. to become the lessee of an agricultural farm under the provisions of the Land Act 1897 for his [ or her] use and benefit; or ( c ) fraudulently attempted to evade the provisions of the Land Act 1897 by applying for an agricultural homestead under the name of X.Y., when he [ or she] was already the holder of an agricultural homestead under the said Act under his [ or her] true name of A.B.
156 Criminal Practice Rules 1900 SCHEDULE (continued) Form 174 DEALING WITH THE LAND FRAUDULENTLY ACQUIRED FROM THE CROWN Section 243 Bought [ or Took on lease for 10 years] from one M.N. a piece of land, namely ( describe it sufficiently to identify it ), which had then lately been acquired by the said M.N. by means of a fraudulent evasion of the provisions of the Land Act 1897 namely by ( describe briefly the fraud ): And that the said A.B. then knew that the same had been so acquired by such fraudulent evasion. Form 175 FRAUDULENT DESTRUCTION OR REMOVAL OF GOODS LIABLE TO DUTY Section 244 Fraudulently destroyed [ or Fraudulently took from a Queen’s warehouse ( or as the case may be ), being their lawful place of deposit ( or detention),] certain goods, namely, [2 cases of opium], which were then liable to the payment of duty, and which were deposited [ or detained] in a [ or the said] Queen’s warehouse ( or as the case may be ) for the purpose of securing payment thereof.
157 Criminal Practice Rules 1900 SCHEDULE (continued) † D—OFFENCES AGAINST THE PERSON AND RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES AND AGAINST THE REPUTATION OF INDIVIDUALS † 1—HOMICIDE: SUICIDE: CONCEALMENT OF BIRTH Form 177 MURDER Sections 302, 305 Murdered one E.F. Form 178 MANSLAUGHTER Sections 303, 310 Unlawfully killed one E.F. Form 179 ATTEMPT TO MURDER Section 306 (1). Attempted unlawfully to kill one E.F. (2). With intent unlawfully to kill one E.F. ( a ) administered poison, namely, [strychnine] to him [ or her];
158 Criminal Practice Rules 1900 SCHEDULE (continued) or ( b ) discharged loaded firearms at him [ or her]; or ( c ) set fire to a ship in which he [ or she] then was; or ( d ) cut a rope in use for hauling up persons from a mine in which the said E.F. then was; or ( e ) cast away a ship in which he [ or she] then was. (3). Then having, as head of a family, the charge of one E.F., a child under the age of 14 years, who was then a member of his [ or her] household, omitted without lawful excuse, to provide the necessaries of life for the said E.F., with intent thereby then unlawfully to kill the said E.F. Form 180 ACCESSORY AFTER THE FACT TO MURDER Section 307 See form 345. Form 181 WRITTEN THREATS TO MURDER Section 308 Caused one E.F. to receive a letter [ or writing] threatening to kill him [ or her] [ or one G.H.]: And that the said A.B. then knew the contents of the said letter [ or writing].
159 Criminal Practice Rules 1900 SCHEDULE (continued) Form 182 CONSPIRING TO MURDER Section 309 Conspired together [ or with one M.N.] to kill one E.F. Form 183 AIDING SUICIDE Section 311 (1). Procured one E.F. to kill himself [ or herself]. (2). Counselled one E.F. to kill himself [ or herself] and thereby induced him [ or her] to do so. (3). Aided one E.F. in killing himself [ or herself]. Form 185 KILLING UNBORN CHILD Section 313 One E.F., being then about to be delivered of a child, unlawfully prevented the said child from being born alive. Form 186 CONCEALING THE BIRTH OF CHILDREN Section 314 Endeavoured, by the secret disposition of the dead body of a child of
160 Criminal Practice Rules 1900 SCHEDULE (continued) which she the said A.B. [ or one E.F.] had then lately been delivered, to conceal the birth of the said child. † 2—OFFENCES ENDANGERING LIFE OR HEALTH Form 187 DISABLING IN ORDER TO COMMIT INDICTABLE OFFENCES Section 315 By means calculated to choke [ or suffocate or strangle], namely, by throwing a running noose [ or by administering chloroform ( or as the case may be )], and with intent to commit [ or to facilitate the commission of] an indictable offence [ or and with intent to facilitate his [ or her] flight ( or the flight of one M.N. ( or of a person to the said Attorney-General ( or J.J.K.) unknown)) after the commission ( or attempted commission) by him [ or her] of an indictable offence, namely, robbery ( or as the case may be )], rendered [ or attempted to render] one E.F. incapable of resistance. Form 188 STUPEFYING IN ORDER TO COMMIT INDICTABLE OFFENCE Section 316 With intent to commit [ or to facilitate the commission of] an indictable offence [ or with intent to facilitate his [ or her] flight ( or the flight of one M.N. ( or of a person to the said Attorney-General ( or J.J.K.) unknown)) after the commission ( or attempted commission) by him [ or her] of an indictable offence, namely, robbery ( or as the case may be )] administered [ or attempted to administer] to one E.F. a stupefying [ or overpowering] drug [ or vapour ( or as the case may be )], namely, chloroform ( or as the case may be ).
161 Criminal Practice Rules 1900 SCHEDULE (continued) Form 189 ACTS INTENDED TO CAUSE GRIEVOUS BODILY HARM OR PREVENT APPREHENSION Section 317 With intent to maim [ or disfigure or disable or do some grievous bodily harm to] one E.F. [ or With intent to resist ( or prevent) his [ or her] lawful arrest ( or detention) or With intent to resist ( or prevent) the lawful arrest ( or detention) of one M.N. ( or a person to the said Attorney-General ( or J.J.K.) unknown)]. ( a ) unlawfully wounded [ or did grievous bodily harm to] the said E.F. [ or one G.H.]; or ( b ) unlawfully attempted to strike the said E.F. [ or one G.H.] with a projectile, namely, a bullet ( or as the case may be ); or ( c ) unlawfully caused an explosive substance, namely, dynamite ( or as the case may be ) to explode; or ( d ) sent [ or delivered] to the said E.F. [ or to one G.H.] an explosive substance or a dangerous ( or noxious) thing], namely, an explosive bomb ( or as the case may be ); or ( e ) caused the said E.F. [ or one G.H.] to take [ or receive] a dangerous [ or noxious] thing [ or an explosive substance], namely, sulphuric acid ( or as the case may be ); or ( f ) put a corrosive fluid [ or a destructive ( or explosive) substance], namely, sulphuric acid ( or as the case may be ), in a public highway [ or in a bag used by the said E.F. ( or as the case may be )]; or ( g ) unlawfully cast [ or threw] at [ or unlawfully applied to the person of the said E.F. ( or one G.H.)] a corrosive fluid ( etc. as in ( f )).
162 Criminal Practice Rules 1900 SCHEDULE (continued) Form 190 PREVENTING ESCAPE FROM WRECK Section 318 (1). Unlawfully prevented [ or obstructed] one E.F. [ or a person to the said Attorney-General ( or J.J.K.) unknown], who was then on board of [ or who was then escaping from] a vessel in distress [ or a wrecked vessel or a vessel cast ashore], in his [ or her] endeavours to save his [ or her] life. (2). Unlawfully obstructed one E.F. in his [ or her] endeavours to save the life of one G.H. ( or etc. as in (1)), who was then on board of [ or who was then escaping from] a vessel in distress [ or a wrecked vessel or a vessel cast ashore]. Form 191 INTENTIONALLY ENDANGERING SAFETY OF PERSONS TRAVELLING BY RAILWAY Section 319 With intent to injure [ or to endanger the safety of] persons travelling by a railway ( a ) removed [ or loosened] a rail ( or as the case may be ) belonging to the said railway [ or placed a log of wood ( or as the case may be ) upon ( or across) the said railway or loosened a large quantity of earth and rock near and above the said railway or moved ( or diverted) certain points belonging to the said railway ( or as the case may be, describe the act done )], whereby the free and safe use of the said railway [ or the safety of the persons using the said railway] was affected [ or endangered]; or ( b ) showed a light [ or signal] [ or extinguished ( or rendered invisible or removed ( or as the case may be )) an existing light ( or signal)] upon [ or near] the said railway; ( c ) omitted to show a signal which it was his [ or her] duty to show ( or
163 Criminal Practice Rules 1900 SCHEDULE (continued) as the case may be ), and thereby caused the safety of persons travelling by the said railway to be endangered. Form 192 GRIEVOUS BODILY HARM Section 320 Unlawfully did grievous bodily harm to one E.F. Form 193 ATTEMPTING TO INJURE BY EXPLOSIVE SUBSTANCES Section 321 Unlawfully put an explosive substance, namely, gunpowder ( or as the case may be ), in a building [ or highway ( or as the case may be )], with intent thereby then to do bodily injury to one E.F. [ or to some person to the said Attorney-General ( or J.J.K.) unknown]. Form 194 MALICIOUSLY ADMINISTERING POISON WITH INTENT TO HARM Section 322 Unlawfully, and with intent to injure [ or annoy] one E.F., caused poison [ or a destructive ( or noxious) thing], namely, strychnine ( or as the case may be ), to be administered to [ or taken by] the said E.F. [ or one G.H.], and thereby endangered the life of the said E.F. [ or G.H.] [ or and thereby did to the said E.F. [ or G.H.] grievous bodily harm.]
164 Criminal Practice Rules 1900 SCHEDULE (continued) No 195 WOUNDING AND SIMILAR ACTS Section 323 (1). Unlawfully wounded one E.F. (2). Unlawfully, and with intent to injure [ or annoy] one E.F., caused poison [ or a noxious thing], namely, strychnine ( or as the case may be ), to be administered to [ or taken by] the said E.F. [ or one G.H.] Form 196 FAILURE TO SUPPLY NECESSARIES Sections 285, 286, 324 Then having the charge of one E.F., who was unable by reason of age ( or as the case may be ) to withdraw himself [ or herself] from such charge, and who was unable to provide himself [ or herself] with the necessaries of life [ or Then having as head of a family the charge of one E.F., a child under the age of 14 years, who was then a member of his [ or her] household], omitted without lawful excuse to provide the necessaries of life for the said E.F., whereby the life of the said E.F. was [ or was likely to be] endangered [ or whereby the health of the said E.F. was ( or was likely to be) permanently injured]. Form 197 ENDANGERING LIFE OR HEALTH OF APPRENTICES OR EMPLOYEES Sections 287, 325 Then being the master [ or mistress] of one E.F., his [ or her] employee [or apprentice], who was then under the age of 16 years, and for whom the
165 Criminal Practice Rules 1900 SCHEDULE (continued) said A.B. had contracted to supply necessary food [clothing and lodging], unlawfully failed to provide such food [clothing and lodging] for [ or did bodily harm ( or caused bodily harm to be done) to] the said E.F., whereby the life of the said E.F. was [ or was likely to be] endangered [ or whereby the health of the said E.F. was ( or likely to be) permanently injured]. Form 198 ENDANGERING LIFE OF CHILDREN BY EXPOSURE Section 326 Unlawfully abandoned [ or exposed] one E.F., a child under the age of 2 years, whereby the life of the said E.F. was [ or was likely to be] endangered [ or whereby the health of the said E.F. was ( or was likely to be) permanently injured]. Form 199 SETTING MANTRAPS Section 327 Set [ or Placed] a spring gun [ or a mantrap or an engine calculated to destroy human life ( or calculated to inflict grievous bodily harm), namely, a ( describe it ),] [ or Caused a spring gun ( or etc. as above ) to be set ( or placed)] with the intent that it might [ or in such a place and in such a manner that it was likely to] kill or inflict grievous bodily harm upon a person coming in contact with it: Such spring gun ( or etc. ) not being a gin or trap such as is usually set for the purpose of destroying vermin, and not being set at night in a dwelling house for the protection thereof.
166 Criminal Practice Rules 1900 SCHEDULE (continued) Form 200 NEGLIGENT ACTS CAUSING HARM Section 328 Unlawfully discharging loaded firearms in a public highway [ or Unlawfully beat a horse which one E.F. was then riding or Unlawfully drove a horse furiously along a public highway or Then having, as head of a family, the charge of one E.F., a child under the age of 14 years, who was then a member of his [ or her] household, failed without lawful excuse to furnish the necessaries of life for the said E.F. ( or as the case may be; state the unlawful act, or the duty and the omission to fulfil it )], whereby bodily harm was actually caused to one [ or the said] E.F. Form 201 ENDANGERING SAFETY OF PERSONS TRAVELLING BY RAILWAY Section 329 Unlawfully placed a log of wood upon a railway ( or as the case may be: comp. form 191) [ or Omitted to show upon a railway a signal which it was his [ or her] duty to show ( or as the case may be )], and thereby caused the safety of persons travelling by the said railway to be endangered. Form 202 SENDING OR TAKING UNSEAWORTHY SHIPS TO SEA Section 330 (1). Sent [ or Attempted to send] the ship Thetis to sea in such an unseaworthy state that the lives of persons on board of the said ship were likely to be endangered.
167 Criminal Practice Rules 1900 SCHEDULE (continued) (2). Being then the master of the British ship Thetis, knowingly took [ or attempted to take] the said ship to sea in such an unseaworthy state that the lives of persons on board of the said ship were likely to be endangered. Form 203 ENDANGERING STEAMSHIPS BY TAMPERING WITH MACHINERY Section 331 Then having actual control over the steam vessel Mary [ or over part of the machinery of the steam vessel Mary], made fast [ or was privy to making fast] the safety valve of the boiler of the said vessel [ or omitted ( or was privy to omitting) to put sufficient water into the boiler of the said vessel] ( or as the case may be, state act or omission alleged ), by reason whereof the safety of persons on board of the said vessel was [ or was likely to be] endangered, as he [ or she] the said A.B. then well knew. Form 204 THE LIKE BY ENGINEERS Section 332 One E.F. made fast the safety valve of the boiler of the steam vessel Mary ( or as the case may be, as in form 203 ), by reason whereof ( etc. as in form 203 to ‘endangered’): And that A.B. was then the engineer [ or 1 of the engineers] in charge of the machinery of the said vessel.
168 Criminal Practice Rules 1900 SCHEDULE (continued) Form 205 EVADING LAWS AS TO EQUIPMENT OF SHIPS AND SHIPPING DANGEROUS GOODS Section 333 (1). Then having actual control over the ship Dover, on board of which certain ballast ( or as the case may be ) had then lately been placed with his [ or her] knowledge [ or consent] in order to the obtaining of permission [ or authority] for the said ship to leave the port of B., removed [ or allowed the removal of] the said ballast ( or etc. ) from the said ship after such permission [ or authority] had been so obtained. (2). Knowingly sent by the ship Dover [ or Knowingly carried in the ship Dover] an explosive substance [ or an acid or a thing of a dangerous ( or destructive) nature], namely, dynamite [ or sulphuric acid ( or as the case may be )], under a false description thereof [ or with a false description of the sender thereof]. Form 206 LANDING EXPLOSIVES Section 334; 41 Vic No. 3, ss 165, 166 (1). Being charged by law with the duty of making a special notification to the principal officer of customs at the port of B., being the port at [ or nearest to] which a certain explosive substance [ or a dangerous ( or destructive) acid], namely, dynamite ( or as the case may be ), was then about to be delivered from the ship Mary, of the intention to deliver the same, failed to make such notification. (2). Being charged by law with the duty of seeing that a package containing a certain explosive substance ( or etc. as above ), namely, dynamite ( or etc. ), which was then about to be delivered from the ship Mary at B., had thereon a plain and durable brand or superscription showing the contents and the quantity thereof, delivered the said package
169 Criminal Practice Rules 1900 SCHEDULE (continued) [ or caused the said package to be delivered] without having on it such brand or superscription. (3). Being concerned in the landing of an explosive substance, namely, dynamite ( or as the case may be, as in (1)), from the ship Mary at B., discharged the same between the hours of sunset and sunrise; ( or as the case may be, setting out the violation of the statute in question ). † 3—ASSAULTS Form 207 COMMON ASSAULT Section 335 Unlawfully assaulted one E.F. Form 208 ASSAULT WITH INTENT TO COMMIT UNNATURAL OFFENCE Section 336 16 Assaulted one E.F. with intent to have carnal knowledge of him [ or her] against the order of nature. 16 See now section 336 (Assault with intent to have unlawful anal intercourse)
170 Criminal Practice Rules 1900 SCHEDULE (continued) Form 209 INDECENT ASSAULT ON MALES Section 337 17 Unlawfully and indecently assaulted one E.F. Form 210 ASSAULT ON PERSONS PROTECTING WRECKS Section 338 Unlawfully assaulted one E.F. [a justice of the peace], who was then acting in the execution of his [ or her] duty [as such justice or ] as a pilot ( or as the case may be ) in [ or concerning] the preservation of a vessel in distress [ or of a vessel ( or goods) then lately wrecked ( or stranded or cast onshore) ( or then lying under water)], and then and there used actual violence to the said E.F. Form 211 ASSAULT OCCASIONING BODILY HARM Section 339 Unlawfully assaulted one E.F., and thereby did him [ or her] bodily harm. Form 212 SERIOUS ASSAULTS 17 See now section 337 (Indecent assaults)
171 Criminal Practice Rules 1900 SCHEDULE (continued) Section 340 (1). Assaulted one E.F. with intent to do him [ or her] grievous bodily harm ( or as the case may be, state the crime intended to be committed ) [ or with intent to resist ( or prevent) the lawful arrest ( or detention) of him [ or her] the said A.B. ( or of one M.N.)]. (2). Assaulted [ or Resisted or Wilfully obstructed] one E.F. [ or one G.H., who was then acting in aid of one E.F.], a police officer, while acting in the execution of his [ or her] duty. (3). Unlawfully assaulted [ or resisted or obstructed] one E.F., while he [ or she] was engaged in the lawful execution of process of the Supreme Court ( or as the case may be ) against certain property [ or engaged in making a lawful distress]. (4). Assaulted [ or Resisted or Obstructed] one E.F., who was then engaged in the lawful execution of process of the Supreme Court ( or as the case may be ) against certain property [ or engaged in making a lawful distress], with intent thereby then to rescue certain property lawfully taken under such process [ or distress]. (5). Assaulted one E.F., on account of his [ or her] having in the execution of his [ or her] duty as a police officer ( or as the case may be ) arrested one M.N. ( or as the case may be ). (6). Assaulted one E.F., in pursuance of an unlawful conspiracy respecting the manufacture of sugar [ or the trade of bootmakers or the business of carriers or the occupation of shearers ( or as the case may be )] [ or respecting one G.H. (and others) who was or were) then concerned ( or employed) in the manufacture ( etc. as above ) or respecting the wages of one G.H. ( etc. as above )].
172 Criminal Practice Rules 1900 SCHEDULE (continued) † 4—ASSAULTS ON FEMALES: ABDUCTION Form 213 RAPE Sections 347, 348 Committed rape upon one E.F. Form 214 ATTEMPT TO COMMIT RAPE Section 349 Attempted to commit rape upon one E.F. Form 215 INDECENT ASSAULTS ON FEMALES Section 350 18 Unlawfully and indecently assaulted one E.F. Form 216 ABDUCTION Section 351 (1). Took away [ or Detained] one E.F. against her will with intent to marry [ or carnally know] her [ or with intent to cause her to be married ( or carnally known) by one M.N.]. (2). From motives of gain, and with intent to marry [ or carnally know] 18 See now section 337 (Indecent assaults)
173 Criminal Practice Rules 1900 SCHEDULE (continued) one E.F., who was then under the age of 21 years [ or and with intent to cause one E.F., who was then under the age of 21 years, to be married ( or carnally known), by one G.H.], took [ or enticed] her away [ or detained her] out of the custody [ or protection] of one G.F. her father [ or mother] [ or one O.P.], who then had the lawful care [ or charge] of her, and against the will of the said G.F. [ or O.P.]: And that she, the said E.F., then had an interest in certain property [ or was then a presumptive heiress (or co-heiress) or was then the presumptive next of kin ( or one of the presumptive next of kin) to one H.F., who then had an interest in certain property to which the said E.F. might become entitled by succession]. Form 217 ABDUCTION OF GIRL UNDER 16 Section 352 19 Unlawfully took one E.F., an unmarried girl under the age of 16 years, out of the custody [ or protection] of one G.F. her father [ or mother] [ or one O.P.], who then had the lawful care [ or charge] of her, and against the will of the said G.F. [ or O.P.]. 19 See now section 363A (Abduction of child under 16)
174 Criminal Practice Rules 1900 SCHEDULE (continued) † 5—OFFENCES AGAINST LIBERTY Form 218 KIDNAPPING Section 354 Forcibly took [ or Forcibly detained] one E.F. with intent to compel the said E.F. to work for the said A.B. against his [ or her] will. Form 219 DEPRIVATION OF LIBERTY Section 355 (1). Unlawfully confined [ or detained] one E.F. in a prison [ or in a room ( or as the case may be )] against his [ or her] will. (2). Unlawfully deprived one E.F. of his [ or her] personal liberty by carrying him [ or her] away in a ship [ or carriage or boat ( or as the case may be )] against his [ or her] will. Form 220 FALSE CERTIFICATES BY OFFICERS CHARGED WITH DUTIES RELATING TO LIBERTY Section 356 (1). Being required by law to give a certificate touching the soundness of mind of one E.F. ( or as the case may be ), by virtue whereof the liberty of the said E.F. might be affected, gave a certificate touching the matter aforesaid which was false in a material particular, namely, in that he [ or she], the said A.B., thereby certified that ( state the matter falsely certified ),
175 Criminal Practice Rules 1900 SCHEDULE (continued) whereas in truth ( state the truth ), as the said A.B. then well knew. (2). Gave a certificate touching the soundness of mind of one E.F. ( or as the case may be ), whereby the liberty of the said E.F. might be affected, and represented himself [ or herself] to be a person authorised by law to give such certificate, whereas he [ or she] was not a person authorised by law to give the same. Form 221 CONCEALMENT OF MATTERS AFFECTING LIBERTY Section 357 (1). Being the officer in charge of a reception house duly appointed for the reception and temporary treatment of persons committed upon suspicion of being of unsound mind ( or as the case may be ), and being in that capacity required by law to keep a record touching the personal and medical history of one E.F., who was then confined as a patient in the said reception house ( or etc. ), refused [ or neglected] to keep such record [ or made in such record an entry which was false in a material particular, namely, in that he [ or she] the said A.B. therein entered that ( state the false entry ), whereas in fact ( state the truth ), as he [ or she] the said A.B. then well knew]. (2). Being ( etc. as in (1)), and being in that capacity required by law to give information to one Q.R., the inspector of asylums for the insane ( or as the case may be ) touching the health of one E.F. ( or as the case may be ) [ or to show to one Q.R., the inspector ( etc. as above ), one E.F.], who was then confined as a patient in the said reception house ( or etc. ) [ or to show to one Q.R., the inspector ( etc. as above ), a room in the said reception house ( or etc. ) in which one E.F. was then confined as a patient]. ( a ) refused [ or neglected] to give such information [ or to show the said E.F. ( or the said room) to the said Q.R.]; or ( b ) gave to the said Q.R. information touching the health of the said E.F. ( or as the case may be ) which was false in a material particular,
176 Criminal Practice Rules 1900 SCHEDULE (continued) namely, in that the said A.B. informed the said Q.R. that ( state false information ), whereas in fact ( state the truth ), as the said A.B. then well knew. Form 222 UNLAWFUL CUSTODY OF PATIENTS UNDER MENTAL HEALTH ACT 1974 Section 358 Detained [ or Assumed the custody of] one E.F., a patient under the Mental Health Act 1974 , for gain, otherwise than for the purpose of his [ or her] temporary custody during his [ or her] removal for treatment under the laws relating to patients; he [ or she] the said A.B. not being a person appointed by the Supreme Court in that behalf or otherwise authorised by law to make such detention [ or assume such custody]. [ or Assumed the custody of one E.F., a patient (under the Mental Health Act 1974 ), by receiving him [ or her] into a reception house without the production of the documents required by law to be produced upon such reception] ( or as the case may be, setting out the statutory provision violated ). Form 223 THREATS Section 359 Threatened to assault [ or to defame] one E.F. [ or to procure the dismissal of one E.F. from his [ or her] employment] ( or as the case may be ), with intent thereby to prevent [ or hinder] the said E.F. from making a complaint that certain goods had then lately been stolen from him [ or her] by the said A.B. [ or one M.N.] ( or as the case may be ) [ or with intent to
177 Criminal Practice Rules 1900 SCHEDULE (continued) compel the said E.F. to attend a meeting of workers then about to be held ( or to march in a procession or to vote at an election for the municipal council of A. ( or as the case may be ))]. † 6—OFFENCES RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES Form 224 BIGAMY Section 360 (1). Being then lawfully married to one C.B., went through the form of marriage with one E.F. during the life of the said C.B. (2). Went through the form of marriage with one M.N., who was then the lawful wife [ or husband] of one O.N., as the said A.B. then well knew. Form 225 UNLAWFUL CELEBRATION OF MARRIAGE Section 361 (1). Celebrated [ or Attempted (or Professed) to celebrate] the marriage of one E.F., who was then under the age of 21 years and was not a widower [ or widow], as the said A.B. then well knew, without the written consent of any person authorised by law to consent to such marriage [ or with a written consent purporting to be given by one M.N., who was not authorised by law to give such consent, as the said A.B. then well knew]. (2). Celebrated [ or Attempted ( or Professed) to celebrate] marriage between one E.F. and one G.H. contrary to the provisions of the laws relating to the solemnisation of marriage, in this that he [ or she] the said
178 Criminal Practice Rules 1900 SCHEDULE (continued) A.B. was not a minister of religion ordinarily officiating as such [whose name, designation, and usual residence was then duly registered] ( or as the case may be, setting out the breach of the law in question ). (3). Celebrated [ or Attempted ( or Professed) to celebrate] marriage between one E.F. and one G.H., who had not [nor had either of them] duly made a declaration that there was no impediment or lawful objection to such marriage ( or as the case may be, state the provision not complied with ). (4). Induced [ or Attempted to induce] one M.N. to celebrate the marriage of one E.F., who was then ( etc. as in (1)) [ or to celebrate marriage between one E.F. and one G.H. contrary to the laws relating to the solemnisation of marriages, in this that the said M.N. was not a minister of religion ( etc. as in (2)), as he [ or she] the said A.B. then well knew] [ or to celebrate marriage between one E.F. and one G.H., who had not ( etc. as in (3))]. (5). Married one E.F., who was then under the age of 21 years (etc. as in (1)). Form 226 UNQUALIFIED PERSONS PROCURING REGISTRATION AS PERSONS QUALIFIED TO CELEBRATE MARRIAGES Section 362 Not being a person who was entitled to be registered under the laws relating to the solemnisation of marriages as a person authorised to celebrate marriages, and knowing that he [ or she] was not such a person, procured his [ or her] name to be registered as a person so entitled.
179 Criminal Practice Rules 1900 SCHEDULE (continued) Form 227 CHILD-STEALING Section 363 (1). Forcibly [ or Fraudulently] took [ or enticed] away [ or detained] one E.F., a child under the age of 14 years, with intent to deprive one G.F., the parent [ or guardian] [ or who then had the lawful care ( or charge)] of the said E.F., of the possession of the said child [ or with intent to steal certain articles upon ( or about) the person of the said E.F.]. (2). Received [ or Harboured] one E.F., a child under the age of 14 years, with intent ( etc. as in (1)): And that he [ or she], the said A.B., then knew that the said E.F. had then lately been forcibly [ or fraudulently] taken [ or enticed] away [ or detained] with the intent aforesaid. Form 228 DESERTION OF CHILDREN Section 364 Being a parent of one E.B., a child under the age of 14 years, and being able to maintain the said E.B., wilfully and without lawful or reasonable cause deserted the said E.B. and left him [ or her] without means of support. † 7—DEFAMATION Form 229 UNLAWFUL PUBLICATION OF DEFAMATORY MATTER Section 380 Unlawfully wrote [ or spoke] and published of and concerning one E.F.
180 Criminal Practice Rules 1900 SCHEDULE (continued) the defamatory matter following, that is to say ( set out the defamatory matter with such innuendoes (if any) as may be necessary ). [And that the said A.B. then knew that the said defamatory matter was false.] Form 230 DEFAMATION OF MEMBERS OF PARLIAMENT BY STRANGERS Section 381 Not being a member of the Legislative Assembly of Queensland, unlawfully wrote [ or spoke] and published of and concerning one E.F. [and others], a member [ or members] of the Legislative Assembly of Queensland the false [ or scandalous] defamatory matter following, that is to say ( set out the defamatory matter with such innuendoes (if any) as may be necessary ). † E—OFFENCES RELATING TO PROPERTY AND CONTRACTS † 1—STEALING Form 231 STEALING: GENERAL FORM Sections 391, 398, 568(2) Stole $10 ( or as the case may be ), the property of one E.F. [And further, that on etc. at etc. the said A.B. also stole $20 ( or etc. ), the property of the said E.F.
181 Criminal Practice Rules 1900 SCHEDULE (continued) And further, that on etc. at etc. the said A.B. also stole $14 ( or etc. ), the property of the said E.F.] Form 232 STEALING WITH CIRCUMSTANCES OF AGGRAVATION Sections 391, 398, 568(2) ( a .) Stole a will [ or codicil] purporting to be the will [ or a codicil to the will] of one E.F. ( See s 566(10).) ( b .) Stole a letter ( or as the case may be ), the property of the Postmaster-General, which was then in course of transmission by post. ( c .) Stole a horse ( or as the case may be ), the property of one E.F. ( d .) Stole ( etc. as in form 231 ) from the person of the said E.F. ( e .) Stole ( etc. as in form 231 ), of the value of upwards $10, in the dwelling house of the said E.F. [ or of one G.H.]. ( f .) Stole ( etc. as in form 231 ), in a dwelling house: And that the said A.B. then and there used [ or threatened to use] violence to one G.H. then being in the said dwelling house. ( g .) Stole ( etc. as in form 231 ) from a ship [ or boat or cart or storeroom ( or as the case may be )] which was then in use for the conveyance [ or custody] of goods in transit from one place to another. ( h. ) Stole ( etc. as in form 231 ) from a vessel which was then in distress [ or which had then lately been wrecked ( or stranded)]. ( i. ) Stole ( etc. as in form 231 ), from a public office in which it was then deposited [ or kept]. ( j. ) Stole ( etc. as in form 231 ), and in order to steal the same opened a locked room [ or box or cupboard or desk ( or as the case may be )] by means of a key [ or chisel ( or as the case may be )]. ( k. ) Being then employed in the public service of Queensland, stole etc.
182 Criminal Practice Rules 1900 SCHEDULE (continued) the property of Her Majesty [ or which had come into his [ or her] possession by virtue of his [ or her] employment]. ( l. ) Being the clerk [ or servant] of one E.F. [and others], stole etc. the property of the said E.F. [and others] [ or which had come into his [ or her] possession on account of the said E.F. (and others)]. ( m. ) Being then a director [ or an officer] of the X.Y. Company, Limited, stole etc. the property of the said company. ( n. ) Stole ( etc. as in form 231 ), which had then lately been received by him [ or her] the said A.B. with a power of attorney for the disposition thereof. ( o. ) Stole ( etc. as in form 231 ), which money had then lately been received by the said A.B. with a direction that the same should be applied as a subscription to the B. hospital [ or paid to one G.H. ( or as the case may be )]. ( p. ) Stole ( etc. as in form 231 ), being the proceeds [ or part of the proceeds] of a valuable security which had then lately been received by the said A.B. with a direction that such proceeds should be applied ( etc. as in (o)). ( q. ) Stole ( etc. as in form 231 ), being the proceeds [ or part of the proceeds] arising from the disposition of certain property which had then lately been received by the said A.B. by virtue of a power of attorney authorising him [ or her] to make such disposition, and which power of attorney had been received by the said A.B. with a direction that such proceeds should be applied ( etc. as in (o)). ( r .) Stole $1 000 [ or a picture of the value of $1 000 ( or as the case may be )], the property of one E.F. ( s. ) Stole ( etc. as in form 231 ), which had been let to the said A.B. to be used by him [ or her] with a house [ or lodging], and which was of the value of $12 ( or as the case may be ). ( t. ) Stole ( etc. as in form 231 ): And further that the said A.B. had previously, namely, on etc. at etc. been [summarily] convicted in the Supreme Court of Queensland ( or as the case
183 Criminal Practice Rules 1900 SCHEDULE (continued) may be ) of stealing ( or etc. Set out the previous conviction as in an indictment ). [And further that the said A.B. had also previously, namely, on etc. at etc. been summarily convicted of ( etc. as above ).] † 2—OFFENCES ANALOGOUS TO STEALING Form 233 CONCEALING REGISTERS Section 399 Concealed [ or Took from its lawful place of deposit] a register which was then authorised [ or required] by law to be kept for authenticating [ or recording] the title to real property [ or to certain personal property] [ or for recording births ( or baptisms or marriages or deaths or burials)] [ or a copy of part of a register which was then ( etc. as above ), which copy was required by law to be sent to the Registrar-General ( or as the case may be )], with intent thereby then to defraud. Form 234 CONCEALING WILLS Section 400 Concealed a will [ or codicil] purporting to be the will [ or a codicil to the will] of one E.F., with intent thereby then to defraud.
184 Criminal Practice Rules 1900 SCHEDULE (continued) Form 235 CONCEALING DEEDS Section 401 Concealed [part of] a document which was evidence of the title of one E.F. to land [ or to an estate in land] at A., with intent thereby then to defraud. Form 236 KILLING ANIMALS WITH INTENT TO STEAL Section 402 20 Killed a cow ( or as the case may be ) with intent to steal [part of] the skin [ or carcass] thereof. Form 237 SEVERING WITH INTENT TO STEAL Section 403 Severed and made moveable a fence [ or certain gold-bearing ore or part of a tree ( or as the case may be ),] the property of one E.F., with intent to steal the same. 20 See now section 444A (Killing animals with intent to steal)
185 Criminal Practice Rules 1900 SCHEDULE (continued) Form 238 USING REGISTERED BRANDS WITH CRIMINAL INTENTION Section 404 21 Branded [ or Marked] a horse ( or as the case may be ) with the registered brand [ or mark] of one E.F. without the permission of the said E.F., and with intent thereby then to facilitate the commission of a crime. Form 239 FRAUDULENTLY DEALING WITH MINERALS IN MINES Section 405 Took [ or Concealed or Sold ( or as the case may be )] certain gold-bearing ore ( or as the case may be ) in [ or about] a mine, the property of the X.Y. Company Limited, with intent thereby then to defraud. Form 240 BRINGING STOLEN GOODS INTO QUEENSLAND Section 406 Having then lately at S., in the State of New South Wales, obtained a watch ( or as the case may be ) by such means that if he [ or she] had obtained the same in Queensland by the like means he [ or she] would have been guilty of stealing the same, brought the same into [ or had the same in his [ or her] possession in] Queensland: And that the obtaining of the said watch ( or etc. ) by the means aforesaid was an offence under the laws in force in New South Wales. 21 See now section 444B (Using registered brands with criminal intention)
186 Criminal Practice Rules 1900 SCHEDULE (continued) Form 241 FRAUDULENT DISPOSITION OF MORTGAGED GOODS Section 407 Being the mortgagor of certain sheep ( or as the case may be ) which were then mortgaged to one E.F., removed [ or disposed of] the said sheep ( or etc. ) without the consent of the said E.F., and with intent thereby then to defraud. Form 242 FRAUDULENT APPROPRIATION OF POWER Section 408 Fraudulently abstracted [ or diverted to his [ or her] own use ( or to the use of one M.N.)] mechanical [ or illuminating or electrical] power from a machine [ or apparatus or substance] the property of one E.F. † 3—STEALING WITH VIOLENCE: EXTORTION BY THREATS Form 243 ROBBERY Sections 409, 411 Stole from one E.F., with actual violence, a watch ( or as the case may be ), the property of the said E.F. [And that at the time aforesaid the said A.B. was armed with a dangerous ( or offensive) weapon ( or instrument), namely, a pistol ( or as the case may be ) ( or was in company with another person ( or other persons))].
187 Criminal Practice Rules 1900 SCHEDULE (continued) [ Or And that the said A.B. then and there wounded ( or used personal violence to) the said E.F. ( or one G.H.)]. Form 244 ATTEMPTED ROBBERY: ACCOMPANIED BY WOUNDING OR IN COMPANY Section 412 Assaulted one E.F. with intent to steal, and then and there used [ or threatened to use] actual violence in order to obtain the things which he [ or she] so intended to steal [ or with intent to prevent ( or overcome) resistance to his [ or her] said intended stealing]. [And that at the time aforesaid the said A.B. was armed with a dangerous ( or offensive) weapon ( or instrument), namely, a pistol ( or as the case may be ) ( or was in company with another person) ( or other persons)]. [ or And that at the time aforesaid the said A.B. was armed with loaded arms, and then and there wounded the said E.F. ( or one G.H.) by discharging such loaded arms]. Form 245 ASSAULT WITH INTENT TO STEAL Section 413 Assaulted one E.F. with intent to steal.
188 Criminal Practice Rules 1900 SCHEDULE (continued) Form 246 DEMANDING PROPERTY WITH MENACES WITH INTENT TO STEAL Section 414 Demanded a watch ( or as the case may be ) from one E.F. with intent to steal the same, and then and there threatened the said E.F. that he [ or she] the said A.B. would accuse him [ or her] of stealing [ or would procure his [ or her] dismissal from his [ or her] position as clerk to one Q.R. ( or as the case may be )] if the said E.F. did not comply with the said demand. Form 247 DEMANDING PROPERTY, BENEFIT OR PERFORMANCE OF SERVICES BY THREATS Section 415(1) Caused one E.F. to receive a writing demanding from him [ or her] [ or from one G.H.] a sum of money ( or as the case may be ) without reasonable or probable cause, and containing threats that the said E.F. [ or G.H.] [ or one K.L.] would be assaulted [ or defamed] [ or that he [ or she], the said A.B., would procure the dismissal of the said E.F. ( or G.H.) ( or of one K.L.) from his [ or her] position as clerk to one Q.R. ( or as the case may be )], if the said E.F. [ or G.H.] did not comply with the said demand, with intent thereby then to extort money [ or a written acknowledgment of indebtedness ( or as the case may be )] from the said E.F. [ or G.H.] ( or as the case may be ) [ or to gain a sum of money from one K.L. ( or as the case may be )]: And that the said A.B. then knew the contents of the said writing. Form 247A DEMANDING PROPERTY, BENEFIT OR THE PERFORMANCE
189 Criminal Practice Rules 1900 SCHEDULE (continued) OF SERVICES BY ORAL THREATS Section 415(1)(b) Orally demanded from one E.F. a sum of money ( or as the case may be ) without reasonable or probable cause, and containing threats that the said E.F. [ or one G.H.] would be assaulted [ or defamed] [ or that he [ or she], the said A.B., would procure the dismissal of the said E.F. ( or G.H.) from his [ or her] position as clerk to one Q.R. ( or as the case may be )], if the said E.F. did not comply with the said demand, with intent thereby to extort money [ or to gain a sum of money] ( or as the case may be ) from the said E.F. Form 248 ATTEMPTS AT EXTORTION BY THREATS Section 416 (1.) Accused [ or Threatened to accuse] one E.F. of committing an indictable offence, namely, murder [ or an indecent assault on one M.N. ( or as the case may be )] [ or of offering ( or making) a solicitation ( or threat) to one M.N. as an inducement to him [ or her] to commit ( or permit the commission of) an indictable offence, namely, carnally knowing a man [ or woman] ( or as the case may be )], with intent thereby then to extort money ( or as the case may be ) from the said E.F. [ or from one G.H.]. (2.) Threatened to one E.F. that he [ or she] [ or one G.H.] should be accused by one M.N. of committing ( etc. as in ( 1 )), with intent thereby then ( etc. as in ( 1 )). (3.) Caused one E.F. to receive a writing containing an accusation against him [ or her] [ or against one G.H.] [ or containing a threat that he [ or she] ( or one G.H.) should be accused] of committing ( etc. as in (1)), with intent thereby then ( etc. as in (1)): And that the said A.B. then knew the contents of the said writing.
190 Criminal Practice Rules 1900 SCHEDULE (continued) Form 249 PROCURING EXECUTION OF DEEDS ETC. BY THREATS Section 417 With intent to defraud, and by means of unlawful violence to [ or unlawful restraint of or threats of violence ( or restraint) to be used to] the person of one E.F. [ or and by means of accusing ( or threatening to accuse) one E.F. of committing an indictable offence, namely ( describe it as in form 248 )] [ or of offering ( etc. as in form 248 )], compelled [ or induced] the said E.F. [ or one G.H.]. ( a ) to execute [ or make or accept or indorse or alter or destroy] a valuable security [ or part of a valuable security], namely, a promissory note for $200 [ or a bond ( or as the case may be )]; or ( b ) to write [ or impress or affix] his [ or her] name [ or seal] [ or the name ( or seal) of one K.L. or the name of a firm, namely, K.L. and Company, ( or as the case may be )] [ or to impress ( or affix) the seal of the X.Y. Company, Limited ( or as the case may be )] upon [ or to] a paper [ or parchment] in order that it might afterwards be made [ or converted] into [ or used as or dealt with as] a valuable security, namely, a bond ( or as the case may be ). † 4—BURGLARY: HOUSEBREAKING: AND LIKE OFFENCES Form 250 HOUSEBREAKING: BURGLARY Section 419 (1) Broke and entered the dwelling house of one E.F. [in the night-time], with intent to commit an indictable offence therein. (2) Having entered the dwelling house of one E.F., with intent to commit
191 Criminal Practice Rules 1900 SCHEDULE (continued) an indictable offence therein, [ or stole a watch ( or as the case may be: state the indictable offence ) in the dwelling house of one E.F., and then] broke out of the said dwelling house [in the night-time]. Form 251 ENTERING DWELLING HOUSE WITH INTENT TO COMMIT INDICTABLE OFFENCE Section 420 Entered [ or was in] the dwelling house of one E.F. [in the night-time] with intent to commit an indictable offence therein. Form 252 BREAKING INTO PLACES AND COMMITTING INDICTABLE OFFENCES Section 421 (1) Broke and entered a place namely [the shop ( or as the case may be ) of one E.F.], and therein stole a diamond ring, the property of the said E.F. ( or as the case may be ) [state the indictable offence as in an indictment for an indictable offence]. (2) Stole (state the indictable offence as in an indictment for an indictable offence) in a place, namely the shop ( or as the case may be ) of one E.F. and then broke out of the said place.
192 Criminal Practice Rules 1900 SCHEDULE (continued) Form 253 BREAKING INTO PLACES WITH INTENT TO COMMIT INDICTABLE OFFENCES Section 422 (1) Broke and entered a place, namely [the shop ( or as the case may be ) of one E.F.] with intent to commit an indictable offence therein. (2) Entered a place, namely [the shop ( or as the case may be ) of one E.F.] with intent to commit an indictable offence therein and then broke out of the said place. Form 254 PERSONS FOUND ARMED ETC. WITH INTENT TO COMMIT INDICTABLE OFFENCE Section 425 ( a ) Was found armed with a dangerous [ or offensive] weapon [ or instrument], namely, a pistol [ or crowbar ( or as the case may be )]: And that the said A.B. was so armed with intent to break ( or enter) a dwelling house, and to commit an indictable offence therein. ( b ) Was found armed in the night-time with [ etc. as above ]. And that the said A.B. was so armed with intent to break [ or enter] a building, and to commit an indictable offence therein. ( c ) Was found having in his [ or her] possession in the night-time without lawful excuse an instrument of housebreaking, namely, a picklock ( or as the case may be ). ( d ) Was found having in his [ or her] possession in the daytime an instrument of housebreaking, namely etc.: And that the said A.B. had the same in his [ or her] possession with intent to commit an indictable offence. ( e ) Was found having his [ or her] face masked [ or blackened] [ or was found disguised by a false beard ( or as the case may be )]: And that the said
193 Criminal Practice Rules 1900 SCHEDULE (continued) A.B. had his [ or her] face so masked [ or blackened] [ or was so disguised] with intent to commit an indictable offence. ( f ) Was found in a warehouse ( or as the case may be ), the property of one E.F., in the night-time: And that the said A.B. was in the said building with intent to commit an indictable offence therein. [And that the said A.B. had previously, namely, on etc. at etc. been convicted ( set out conviction as in an indictment )]. † 5—OBTAINING PROPERTY BY FALSE PRETENCES: CHEATING Form 255 OBTAINING GOODS BY FALSE PRETENCES Section 427 22 By falsely pretending to one E.F. that ( state substances of false pretence ) obtained from the said E.F. [ or one G.H.] [ or induced the said E.F. [ or one G.H.] to deliver to him [ or her] ( or to one M.N.)] a sum of money, namely, $10 ( or as the case may be ), with intent thereby then to defraud. 22 See now section 427 (Obtaining goods or credit by false pretence or wilfully false promise)
194 Criminal Practice Rules 1900 SCHEDULE (continued) Form 256 OBTAINING EXECUTION OF A SECURITY BY FALSE PRETENCES Section 428 23 By falsely pretending ( etc. as in form 255 ), and with intent to defraud, induced the said E.F. [ or one G.H.] to execute [ or make or accept or indorse or alter or destroy] a valuable security [ or part of a valuable security], namely, a promissory note for $200 [ or a bond or as the case may be ] [ or to write ( or impress or affix his [ or her] name ( or seal) ( or the name) ( or seal) of one K.L. or the name of a firm, namely, K.L. and Company ( or as the case may be ) ( or to impress ( or affix) the seal of the X.Y. Company, Limited ( or as the case may be ) upon ( or to) a paper ( or parchment) in order that it might afterwards be made ( or converted) into ( or used as or dealt with as a valuable security, namely, a bond ( or as the case may be )]. Form 257 CHEATING Section 429 By means of a fraudulent trick [ or device] ( a ) obtained from one E.F. $10 ( or as the case may be ); or ( b ) induced one E.F. to deliver to him [ or her] [ or to one M.N.] a watch ( or as the case may be ); or ( c ) induced one E.F. to pay ( or deliver) to him [ or her] [ or to one M.N.] $10 [ or 10 pounds of tea ( or as the case may be )], being a greater sum of money [ or a greater quantity of goods] than the said E.F. would have paid [ or delivered] to the said A.B. [ or M.N.] but for such fraudulent 23 See now section 428 (Obtaining execution of valuable security by a false pretence or wilfully false promise)
195 Criminal Practice Rules 1900 trick [ or device]. SCHEDULE (continued) Form 258 CONSPIRACY TO DEFRAUD Section 430 (1.) Conspired together [ or with one M.N. (and others) to affect by deceit [ or by fraudulent means] the market price of sheep [ or of shares in the X.Y. Goldmining Company, Limited], being things which were then publicly sold. (2.) Conspired together [ or with one M.N.] to defraud the public by deceitfully [ or fraudulently] inducing divers persons to entrust money to them for investment ( or as the case may be ). (3.) Conspired together [ or with one M.N.] to obtain money from one E.F. by deceit [ or by fraudulent means]. Form 259 FRAUDS ON SALE OR MORTGAGE OF PROPERTY Section 431 Being then the seller [ or mortgagor] of certain freehold [ or leasehold] property [ or of certain cattle ( or as the case may be )] [ or Being then the solicitor ( or agent) of one M.N., who was the seller ( or etc. as above )] did, with intent to induce one E.F., who was the purchaser [ or mortgagee] of the said property ( or as the case may be ), to accept the title to the same which was offered ( or produced) to him [ or her], and with intent to defraud. ( a ) conceal from the said E.F. an instrument material to the title to [ or an encumbrance upon] the said property [ or cattle ( or etc. )];
196 Criminal Practice Rules 1900 SCHEDULE (continued) or ( b ) falsify a pedigree upon which the title to the said property ( or etc. ) depended [ or might depend]. Form 260 PRETENDING TO EXERCISE WITCHCRAFT OR TELL FORTUNES Section 432 ( a .) Pretended to one E.F. to exercise [ or use] witchcraft [ or sorcery or enchantment or conjuration]. ( b .) Undertook to one E.F. to tell his [ or her] future fortunes. ( c .) Pretended to one E.F., by virtue of a pretended skill in [ or knowledge of] some occult science, to discover where [ or in what manner] certain goods supposed to have been stolen [ or lost] might be found. † 6—RECEIVING PROPERTY STOLEN OR FRAUDULENTLY OBTAINED AND LIKE OFFENCES Form 261 RECEIVING STOLEN PROPERTY ETC. Section 433 Received a horse ( or as the case may be ), the property of one E.F., which had then lately been stolen [ or obtained by a false pretence and with intent to defraud ( or as the case may be )] [ or obtained in the State of New South Wales by means of an act which, if it had been done in Queensland, would have constituted the offence of stealing ( or of obtaining goods by a false pretence with intent to defraud ( or as the case may be )), and which act was an offence under the laws in force in New South Wales] and that the
197 Criminal Practice Rules 1900 SCHEDULE (continued) said A.B. then knew that the said horse ( or etc. ) had been so stolen [ or obtained]. Form 262 TAKING REWARD FOR RECOVERY OF PROPERTY OBTAINED BY MEANS OF INDICTABLE OFFENCES Section 435 Corruptly received [ or obtained or agreed to receive ( or obtain)] from one E.F. $10 [ or an extension of time for the payment of a debt due by him [ or her] to the said E.F. ( or one G.H.) ( as the case may be )] upon an agreement [ or understanding] that he [ or she], the said A.B., would help the said E.F. [ or one G.H.] to recover a horse ( or as the case may be ) which had then lately been stolen [ or obtained by a false pretence with intent to defraud or obtained by means of an act ( etc. as in form 261 )]: And that the said A.B. had not then used all due diligence to cause the offender by whom the offence aforesaid was committed to be brought to trial for the said offence. † 7—FRAUDS BY TRUSTEES AND OFFICERS OF COMPANIES AND CORPORATIONS: FALSE ACCOUNTING Form 263 TRUSTEES FRAUDULENTLY DISPOSING OF TRUST PROPERTY Section 436 Being then a trustee of certain property, namely, furniture [ or $200 or 100 shares in the X.Y. Company, Limited, or a piece of land at Brisbane
198 Criminal Practice Rules 1900 SCHEDULE (continued) ( or as the case may be )] for the use [ or benefit] [in part] of one E.F. [and others] [ or for a public ( or charitable) purpose, namely, for the purpose of a public hospital at A. ( or as the case may be )], destroyed the same, with intent thereby then to defraud or converted the same to a use not authorised by the trust on which he [ or she] held the same, with intent thereby then to defraud]. Form 264 DIRECTORS AND OFFICERS OF CORPORATIONS OR COMPANIES FRAUDULENTLY APPROPRIATING PROPERTY, OR KEEPING FRAUDULENT ACCOUNTS, OR FALSIFYING BOOKS OR ACCOUNTS Section 437 (1.) Being a director [ or officer] of the X.Y. Company, Limited, [ or of the corporation of the local government of A. ( or as the case may be )] did, as such director [ or officer], receive [ or possess himself [ or herself] of] $200 ( or as the case may be ), the property of the said company [ or corporation], otherwise than in payment of a debt justly due to him [ or her] for a demand justly made by him [ or her], and that the said A.B. then omitted either to make or to cause or direct to be made a full and true entry thereof in the books and accounts of the said company [ or corporation], with intent thereby then to defraud. (2.) Being a director [ or officer or member] of the X.Y. Company, Limited, [ or of the corporation of etc. ], ( a ) destroyed [ or altered or mutilated or falsified or was privy to destroying ( or altering or mutilating or falsifying)] a book [ or document or valuable security or account or an entry in a book ( or document or account)] which belonged to the said company [ or corporation], namely, a share register ( or as the case may be ), with intent thereby then to defraud; or ( b ) made [ or was privy to making] a false entry in a book [ or document or account] belonging to the said company [ or corporation],
199 Criminal Practice Rules 1900 SCHEDULE (continued) namely, a share register ( or as the case may be ), with intent thereby then to defraud; or ( c ) omitted [ or was privy to omitting] from a book [ or document or account] belonging ( etc. as in (b)), namely, etc . a material particular, namely, an entry of a sum of $14 000 paid by the said company [ or corporation] to one M.N. ( or as the case may be ), with intent thereby then to defraud. Form 265 FALSE STATEMENTS BY OFFICIALS OF COMPANIES Section 438 Being a promoter of the X.Y. Company, Limited, [ or of a company then intended to be formed and to be called the X.Y. Company, Limited,] [ or Being a director ( or officer or auditor) of the X.Y. Company, Limited, or of the corporation of etc. ], made [ or circulated or published] [ or concurred in making ( or circulating or publishing)] a written statement [ or account] which was false in a material particular, namely, in representing the value of the assets of the said [intended] company to be of the value of $200 000, whereas in fact they were of much less value ( or as the case may be, describing briefly the false statement ), as the said A.B. then well knew, ( a ) with intent thereby to deceive [ or defraud] members [ or share holders or creditors] of the said company [ or corporation]; or ( b ) with intent thereby to induce persons to become members of the said company [ or to intrust ( or advance) property to the said company ( or corporation)]; or ( c ) with intent thereby to induce one E.F. to enter into a security for the benefit of the said company or corporation].
200 Criminal Practice Rules 1900 SCHEDULE (continued) Form 266 MISAPPROPRIATION BY MEMBERS OF LOCAL GOVERNMENTS Section 440 (1.) Being a member of the Divisional Board of the Division of A. ( or as the case may be ) advisedly applied $20, which formed part of the Divisional Fund ( or as the case may be ) then under the control of the said Divisional Board ( or etc. ), to a purpose to which it could not lawfully be applied, as he [ or she] the said A.B. then well knew, namely, ( state the illegal purpose ). (2.) Being a member ( etc. as in (1)) advisedly concurred in the application of $20, which ( etc. as in (1) to the end ). Form 267 FRAUDULENT FALSE ACCOUNTING Section 441 Being the clerk [ or servant] of [ or Being employed as a clerk ( or servant) by or Being then acting in the capacity of a clerk ( or servant to)] one E.F. [and others], ( a ) destroyed [ or altered or mutilated or falsified or was privy to destroying ( or altering or mutilating or falsifying)] a book [ or document or valuable security or account or an entry in a book ( or document or account)] which belonged to [ or was in the possession of or had been received by him [ or her] on account of] the said E.F. [and others], namely, a ledger ( or as the case may be ), with intent thereby then to defraud; or ( b ) made [ or was privy to making] a false entry in a book] [ or document or account] which belonged ( etc. as in (a)), namely, a ledger ( or as the case may be ), with intent thereby then to defraud; or ( c ) omitted [ or was privy to omitting] from a book [ or document or account] which belonged ( etc. as in (a)), namely etc. a material particular,
201 Criminal Practice Rules 1900 SCHEDULE (continued) namely, an entry of a sum of $200 received by him [ or her] from one Q.R. on account of the said E.F. [and others] ( or as the case may be ), with intent thereby then to defraud. Form 268 FALSE ACCOUNTS BY PUBLIC OFFICER Section 442 Being an officer in the public service of Queensland, and being charged by virtue of his [ or her] office with the receipt [ or custody or management] of public revenue [ or property], knowingly furnished to one Q.R., an officer in the said public service, a false statement [ or return] of moneys [ or of property] received by him [ or her] [ or entrusted to his [ or her] care] as such officer [ or of a balance of money ( or property) received by him [ or her] as such officer and remaining in his [ or her] possession ( or under his [ or her] control) as such officer]. † 8—OFFENCES ANALOGOUS TO STEALING PUNISHABLE ON SUMMARY CONVICTION Form 269 UNLAWFULLY USING CATTLE Section 445 Unlawfully used a horse ( or as the case may be ), the property of one E.F., without his [ or her] consent and without the consent of any person in lawful possession thereof.
202 Criminal Practice Rules 1900 SCHEDULE (continued) Form 270 SUSPICION OF STEALING CATTLE Section 446 On etc. a horse ( or as the case may be ) was suspected on reasonable grounds to have been stolen, and that at the time aforesaid at etc. [part of] the skin [ or carcass] of the said horse ( or etc. ) was found in the possession [ or custody] of A.B. Form 271 ILLEGAL BRANDING Section 447 Branded [ or Marked] a horse ( or as the case may be ) [ or Knowingly permitted a horse ( or etc. ) to be branded ( or marked)] with his [ or her] registered brand, knowing that he [ or she] was not the owner of the said horse ( or etc. ). Form 272 DEFACING BRANDS Section 448 (1.) Altered [ or Defaced or Rendered undistinguishable] a registered brand [ or registered mark] upon a horse ( or as the case may be ). (2.) Knowingly permitted a registered brand [ or registered mark] upon a horse ( or etc. ) to be altered [ or defaced or rendered undistinguishable] by one M.N., a person over whom he [ or she] then had control.
203 Criminal Practice Rules 1900 SCHEDULE (continued) Form 273 UNLAWFUL POSSESSION OF SHIPWRECKED GOODS Section 451 On etc. certain goods, namely ( describe them ), belonging to the ship Amy [ or a barge ( or as the case may be )], which was then in distress [ or stranded] [ or had then lately been wrecked] were suspected on reasonable grounds to have been unlawfully taken from the said ship ( or etc. ): And that at the time aforesaid at etc. the said goods were found in the possession [ or on the premises] of A.B. Form 274 OFFERING SHIPWRECKED GOODS FOR SALE Section 452 Offered [ or Exposed] for sale a boat ( or as the case may be ) which was suspected on reasonable grounds to have been unlawfully taken from the ship Amy ( or as the case may be ), which was then in distress [ or stranded] [ or had then lately been wrecked]. Form 275 UNLAWFULLY DREDGING FOR OYSTERS Section 453 Unlawfully, and otherwise than in the course of catching or fishing for floating fish with a net [ or instrument] adapted for taking floating fish only, ( a ) used a net [ or dredge ( or as the case may be )] for the purpose of taking oysters [ or oyster-brood] within the limits of an oyster bed [ or oyster laying or oyster fishery], the property of one E.F., and which was sufficiently marked out [ or was known by general repute] as his [ or her]
204 Criminal Practice Rules 1900 SCHEDULE (continued) property; or ( b ) dragged with a net [ or dredge ( or as the case may be )] upon the ground [ or soil] of an oyster bed ( or etc. ) the property of one E.F. and which ( etc. as (a)). Form 276 UNLAWFULLY TAKING FISH Section 454 Unlawfully took [ or destroyed] [ or Unlawfully attempted to take ( or destroy)] fish in a water which was the private property of one E.F. [ or in a water in which one E.F. had a private right of fishery]. † 9—INJURIES TO PROPERTY Form 277 ARSON Sections 461, 463 Wilfully and unlawfully set fire to a dwelling house ( or as the case may be ). Form 278 ATTEMPTS TO COMMIT ARSON Sections 462, 464 (1.) Attempted unlawfully to set fire to a dwelling house ( or as the case
205 Criminal Practice Rules 1900 SCHEDULE (continued) maybe ). (2.) Wilfully and unlawfully set fire to a heap of wood [ or standing grass ( or as the case may be )] which was so situated that a dwelling house ( or as the case may be ) was likely to catch fire from it. Form 279 CASTING AWAY SHIPS Section 465 (1.) Wilfully and unlawfully cast away [ or destroyed] the ship Mary ( or as the case may be ). (2.) Wilfully and unlawfully did an act tending to the immediate loss [ or destruction] of a vessel in distress, namely, the ship Mary, that is to say, wilfully and unlawfully cut a towline connecting the said ship with a tug [ or cut away an anchor by which the said ship was held ( or as the case may be : describe the act done )]. (3.) With intent to bring a vessel into danger extinguished [ or concealed or altered or removed ( or as the case may be )] a light [ or beacon or mark or signal] used for purposes of navigation [ or for the guidance of mariners] [ or exhibited a false light ( or signal)]. Form 280 ATTEMPTS TO CAST AWAY SHIPS Section 466 Attempted unlawfully to cast away [ or destroy] the ship Mary ( or as the case may be ) [ or Attempted unlawfully to do an act tending to the immediate loss ( or destruction of) a vessel in distress, namely, the ship Mary, that is to say, to cut a towline ( etc. as in form 279: describe the act attempted to be done )].
206 Criminal Practice Rules 1900 SCHEDULE (continued) Form 281 OBSTRUCTING AND INJURING RAILWAYS Section 467 (1.) Unlawfully, and with intent to obstruct the use of a railway [ or to injure property upon a railway], removed [ or loosened] a rail ( or as the case may be ) belonging to the said railway [ or placed a log of wood ( or as the case may be ) upon ( or across) the said railway or loosened a large quantity of earth and rock near and above the said railway or moved ( or diverted) certain points belonging to the said railway ( or as the case may be: described the act done )] whereby the free and safe use of the said railway was endangered. (2.) Unlawfully, and with intent ( etc. as in ( a )), showed a light [ or signal] [ or extinguished or rendered invisible or removed ( or as the case may be ) an existing light ( or signal)] upon [ or near] the said railway. Form 282 INJURING ANIMALS Section 468 Wilfully and unlawfully killed [ or maimed or wounded] a horse ( or as the case may be ), the property of one E.F. Form 283 MALICIOUS INJURIES: GENERAL FORM Section 469 Wilfully and unlawfully destroyed [ or damaged] a steam engine, the property of one E.F. [ or his [ or her] own property, with intent thereby then to defraud].
207 Criminal Practice Rules 1900 SCHEDULE (continued) Form 284 THE LIKE WITH CIRCUMSTANCES OF AGGRAVATION Section 469 ( a .) Wilfully and unlawfully destroyed [ or damaged] a dwelling house [ or vessel], the property of one E.F., by the explosion of gunpowder ( or as the case may be ): And that one G.H. was then in the said dwelling house [ or vessel] [ or And that the life of one G.H. was thereby actually endangered]. ( b .) Wilfully or unlawfully destroyed [ or damaged] a bank of the sea ( or as the case may be ), whereby actual danger of inundation [ or damage] was occasioned to land [ or a building], the property of one E.F. ( c .) Wilfully and unlawfully destroyed a railway [ or a bridge ( or viaduct or aqueduct) constructed over a highway ( or over a railway or over a canal) or a bridge ( or viaduct or aqueduct) over which a highway ( or railway or canal) passed]. ( d .) Wilfully and unlawfully damaged a railway ( or etc. as in (c)), with intent thereby to render [part of] the said railway ( or as the case may be ) dangerous [ or impassable], and that the same was thereby rendered dangerous [ or impassable]. ( e .) Wilfully and unlawfully destroyed [ or damaged] a will [ or codicil] purporting to be the will [ or a codicil to the will] of one E.F. [ or a register which was then authorised ( or required) by law to be kept for authenticating ( or recording) the title to real property ( or to certain personal property) ( or for recording births ( or as the case may be ))] [ or a copy of part of a register which was then ( etc. as above ), which copy was required by law to be sent to the Registrar-General ( or as the case may be )]. ( f .) Wilfully and unlawfully destroyed [ or damaged] a vessel which was then in distress [ or stranded] [ or which had then lately been wrecked] or a boat ( or as the case may be ) belonging to a vessel which ( etc. as above )]. ( g .) Wilfully and unlawfully destroyed [ or damaged] the permanent way [ or an embankment ( or as the case may be )] of a railway [ or a bridge or engine house or ash pit ( or as the case may be ) connected with a railway].
208 Criminal Practice Rules 1900 SCHEDULE (continued) ( h .) Wilfully and unlawfully destroyed a vessel ( etc. as in form 283 ). ( i .) Wilfully and unlawfully damaged ( etc. as in form 283 ), [and] with intent thereby then to destroy the said vessel [ or to render the said vessel useless]. ( j. ) Wilfully and unlawfully destroyed [ or damaged] a light [ or beacon or buoy or mark or signal] used for purposes of navigation [ or for the guidance of mariners]. ( k .) Wilfully and unlawfully destroyed [ or damaged] a bank of the sea ( or as the case may be ). ( l .) Wilfully and unlawfully damaged a railway ( or etc. as in ( c ) with intent thereby ( etc. as in ( d )). ( m .) Wilfully and unlawfully destroyed certain sugar then in process of manufacture ( or as the case may be ) ( etc. as in form 283 ). ( n .) Wilfully and unlawfully damaged ( etc. as in form 283 ) [and] with intent thereby to destroy the said sugar ( or as the case may be ) [ or to render the said sugar ( or etc. ) useless]. ( o .) Wilfully and unlawfully ( etc. as in form 283 ) [and] with intent thereby to damage [ or obstruct the working of] the said mine. ( p .) Wilfully and unlawfully destroyed [ or damaged] a machine ( or as the case may be ) appertaining to [ or used with] a mine, the property of one E.F. ( or etc. as in form 283 ). ( q .) Wilfully and unlawfully destroyed a rope ( or as the case may be ) used in [ or used upon a way ( or work) appertaining to ( or used with)] a mine, the property of one E.F. ( or etc. as in form 283 ). ( r. ) Wilfully and unlawfully damaged a rope ( etc. as in ( q )) [and] with intent thereby to destroy the said rope ( or etc. ) [ or to render the said rope ( or etc. ) useless]. ( s .) Wilfully and unlawfully destroyed [ or damaged] a well ( or etc. as in form 283 ). ( t .) Wilfully and unlawfully destroyed [ or damaged] a document, namely, a Commission under the Great Seal of the State ( or as the case
209 Criminal Practice Rules 1900 SCHEDULE (continued) may be ) which was then deposited [ or kept] in a public office, namely, the Treasury ( or as the case may be ) [ or a document, namely, a deed ( or as the case may be ) which was evidence of the title of one E.F. to land ( or to an estate in land)]. Form 285 ATTEMPTS TO DESTROY PROPERTY BY EXPLOSIVES Section 470 Unlawfully, and with intent to destroy [ or damage] a house [ or a ship or certain goods ( or as the case may be )], the property of one E.F. [ or his [ or her] own property], put gunpowder ( or as the case may be ) in a cellar under [ or near] the said house ( or as the case may be ) [with intent thereby then to defraud]. Form 286 ATTEMPTS TO INJURE MINES Section 471 (1.) Unlawfully caused water to run into a mine [ or into a subterraneous passage communicating with a mine] [ or Unlawfully obstructed a shaft ( or passage) of a mine], the property of one E.F., [ or his [ or her] own property], with intent thereby to injure [ or to obstruct the working of] the said mine [and with intent thereby to defraud]: And that the aforesaid act was not an act done underground in the course of working an adjoining mine. (2.) Unlawfully obstructed the working of a machine [ or an appliance or certain apparatus] appertaining to [ or used with] a mine, the property of one E.F. [ or his [ or her] own property], with intent thereby to injure [ or to obstruct the working of] the said mine [and with intent thereby then to
210 Criminal Practice Rules 1900 SCHEDULE (continued) defraud]. (3.) Unlawfully injured [ or unfastened] a rope ( or as the case may be ) used in a mine [ or used upon a way ( or work) appertaining to ( or used with) a mine], the property of one E.F. [ or his [ or her] own property], with intent thereby ( etc. as in (2)). Form 287 INTERFERING WITH MARINE SIGNALS Section 472 ( a .) Wilfully and unlawfully removed [ or defaced or rendered invisible] alight [ or beacon or buoy or mark or signal] used for purposes of navigation [ or for the guidance of mariners]. (b.) Unlawfully attempted to remove [ or deface or render invisible] a light ( or etc. as in (a)). Form 288 INTERFERING WITH NAVIGATION WORKS Section 473 (1.) Wilfully and unlawfully removed [ or disturbed] a wall [ or pile or bank ( or as the case may be )] used for securing a bank of the sea ( or as the case may be ) [ or for securing a work appertaining to a port ( or as the case may be ) or for securing a work which was used for purposes of navigation ( or for lading ( or unlading) goods)]. (2.) Unlawfully opened a floodgate [ or sunk a barge ( or as the case may be )] in the River B., being a navigable river [ or in a navigable canal], with intent thereby to obstruct the carrying on [ or completion or maintenance) of the navigation of the said river [ or canal], and thereby obstructed such carrying on ( or etc. ).
211 Criminal Practice Rules 1900 SCHEDULE (continued) Form 289 COMMUNICATING INFECTIOUS DISEASES TO ANIMALS Section 474 Wilfully and unlawfully caused [ or Was wilfully and unlawfully concerned in causing or Wilfully and unlawfully attempted to cause] an infectious disease, namely, scab, (or as the case may be ), to be communicated to [ or among] a flock of sheep, the property of one E.F. Form 290 TRAVELLING WITH INFECTED ANIMALS Section 475 Caused certain sheep which were infected with an infectious disease, namely, scab ( or as the case may be ), to travel [ or Being the owner ( or a joint owner) of certain sheep which were infected ( etc. as above ), permitted them to travel] in contravention of the provisions of the statutes relating to infected sheep, in this that ( set out the breach of the law ). Form 291 REMOVING BOUNDARY MARKS Section 476 Wilfully and unlawfully removed a pillar [ or post] [ or defaced a blazed mark upon a tree] ( or as the case may be ), which had been lawfully erected [ or made] as an indication of the boundary of his [ or her] land [ or of the land of one E.F.], with intent thereby then to defraud.
212 Criminal Practice Rules 1900 SCHEDULE (continued) Form 292 OBSTRUCTING RAILWAYS Section 477 Unlawfully loosened a rail upon a railway ( or as the case may be, comp. form 281 ) [ or Intentionally omitted to show upon a railway a signal which it was his [ or her] duty to show ( or as the case may be )], and thereby caused an engine [ or a carriage or wagon] in use upon the said railway to be obstructed in its passage on the railway. Form 293 SENDING LETTERS THREATENING TO BURN OR DESTROY Section 478 Caused one E.F. to receive a letter [ or writing] threatening that a dwelling house ( or as the case may be ) should be burnt [ or destroyed]: And that the said A.B. then knew the contents of the said letter [ or writing]. † 10—FORGERY AND LIKE OFFENCE Form 294 FORGERY Sections 485, 486, 488 (a.) Forged a document [ or writing] purporting to be a cheque drawn by one E.F. ( or as the case may be ): ( describe the document by its purport, or by any name or designation by which it is usually known. See Code, s 565). (b.) Forged a seal purporting to be the Great Seal of Queensland ( or as the case may be ).
213 Criminal Practice Rules 1900 SCHEDULE (continued) Form 295 UTTERING FALSE DOCUMENTS AND COUNTERFEIT SEALS Section 489 Knowingly and fraudulently uttered a false document [ or a false writing or a counterfeit seal] purporting to be ( etc. as directed in form 294 ). Form 296 UTTERING CANCELLED OR EXHAUSTED DOCUMENTS Section 490 Knowingly uttered as and for a subsisting and effective document a document purporting to be an authority by one E.F. for the receipt of money on his [ or her] behalf ( or as the case may be ), which document had, by a judgment of the Supreme Court of Queensland ( or as the case may be ), been ordered to be revoked [ or cancelled or suspended] [ or the operation of which document had ceased by effluxion of time ( or by the death of the said E.F. or by the insolvency of the said E.F. ( or as the case may be ))]. Form 297 UTTERING CANCELLED STAMPS Section 491 Knowingly uttered as and for a valid and uncancelled stamp a stamp [ or the impression of a seal used for the purposes of the public revenue of Queensland ( or of New South Wales ( or as the case may be) )] which had been already used [ or had been cancelled].
214 Criminal Practice Rules 1900 SCHEDULE (continued) Form 298 PROCURING EXECUTION OF DOCUMENTS BY FALSE PRETENCES Section 492 By falsely and fraudulently representing to one E.F. that a document then shown to him [ or her] was a receipt for money, whereas in fact it was a promissory note [ or was a bill of mortgage, whereas in fact it was a transfer of land ( or as the case may be )], procured the said E.F. to sign [ or execute] the said document. Form 299 OBLITERATING CROSSINGS ON CHEQUES Section 493 (1.) Obliterated [ or Added to or Altered] the crossing on a crossed cheque drawn by one E.F., with intent thereby then to defraud. (2.) Knowingly uttered a crossed cheque on which the crossing had been obliterated [ or added to or altered], with intent thereby then to defraud. Form 300 MAKING DOCUMENTS WITHOUT AUTHORITY Section 494 (1.) Without lawful authority or excuse made [ or signed or executed] for [ or in the name of or on account of] one E.F., a document purporting to be a promissory note ( or as the case may be ) [ or a writing purporting to be ( etc. as the case may be )], with intent thereby then to defraud. (2.) Knowingly uttered a document [ or writing] purporting to be ( etc. as above ), which had been made [ or signed or executed] by one M.N. for [ or
215 Criminal Practice Rules 1900 SCHEDULE (continued) in the name of or on account of] one E.F. without lawful authority or excuse, with intent thereby then to defraud. Form 301 DEMANDING PROPERTY UPON FORGED TESTAMENTARY INSTRUMENTS Section 495 Procured the delivery [ or payment] to himself [ or herself] [ or to one M.N.] of a horse [ or $2 000 ( or as the case may be )] by virtue of a probate [ or letters of administration] which had been granted upon a forged will [ or codicil] purporting to be the will of one E.F. [ or which had been granted upon a will ( or codicil) purporting to be the will of one E.F., and which had been obtained by false evidence], as the said A.B. then well knew. Form 302 PURCHASING FORGED BANKNOTES Section 496 Purchased [ or Received] from one M.N. [ or from a person to the said Attorney-General ( or J.J.K.) unknown] [ or Had in his [ or her] possession] without lawful authority or excuse a forged banknote purporting to be issued by the X.Y. Banking Company, Limited: And that the said A.B. then knew that the same was forged.
216 Criminal Practice Rules 1900 SCHEDULE (continued) Form 303 FALSE CERTIFICATE OF MESSAGE RECEIVED BY TELEGRAPH Section 497 Knowingly signed upon a document purporting to be a copy of a writ of capias ( or as the case may be ) the contents whereof had been received by telegraph under the provisions of the laws authorising the transmission by telegraph of documents requiring signature or seal a false certificate that it had been received under the provisions of the aforesaid laws, whereas it had not been so received, as the said A.B. then well knew. Form 304 FALSIFYING WARRANTS FOR MONEY PAYABLE UNDER PUBLIC AUTHORITY Section 498 Being then employed in the public service of Queensland, knowingly made out [ or delivered to one M.N.] a warrant for the payment to one M.N. [ or to him [ or her]] of the sum of $ , as being money payable to the said M.N. by public authority, whereas the sum to which the said M.N. was then entitled was $ , as the said A.B. then well knew, with intent thereby then to defraud. Form 305 FALSIFICATIONS OF REGISTERS Section 499 Then having the actual custody of a register [ or record] of titles to real property [ or of bills of sale or of births ( or as the case may be )], which was kept by lawful authority, knowingly permitted an entry to be made in the said register [ or record] which was false in a material particular, namely, in
217 Criminal Practice Rules 1900 SCHEDULE (continued) that it was by the said entry stated that ( set out the false statement ), whereas in truth ( set out the truth ), as the said A.B. then well knew. Form 306 SENDING FALSE CERTIFICATE OF MARRIAGE TO REGISTRAR Section 500 Signed [ or Transmitted to the Registrar-General ( or one E.F., a district registrar), who was then authorised by law to register marriages,] a certificate of a marriage [ or a document purporting to be a certificate of a marriage] between one M.N. and one O.P., which certificate [ or document] was false in a material particular, namely, in that it was thereby certified that ( set out false statement ), whereas in truth no such marriage had been performed ( or as the case may be: set out the truth ), as the said A.B. then well knew. Form 307 FALSE STATEMENTS FOR THE PURPOSE OF REGISTER OF BIRTHS, DEATHS, AND MARRIAGES Section 501 Knowingly made to one E.F., a district registrar of births [ or deaths or marriages], a false statement touching a matter required by law to be registered in the register of births [ or deaths or marriages], namely, that one Q.R., a child then lately born in Queensland, was born on 1 June 1900, whereas in truth he [ or she] was born on 1 October 1900 ( or as the case may be ), as the said A.B. then well knew, with intent thereby to procure the statement so falsely made by him [ or her] to be inserted in the said register.
218 Criminal Practice Rules 1900 SCHEDULE (continued) Form 308 ATTEMPTS TO PROCURE UNAUTHORISED STATUS Section 502 (1.) By falsely representing to the Medical Board ( or as the case may be) that he [ or she] was the person named in a certificate then produced by him [ or her] and purporting to be ( describe it ) ( or as the case may be: set out the false representation ) procured the said board to issue to him [ or her] a certificate testifying that he [ or she], the said A.B., was entitled to the privileges and status of a legally qualified medical practitioner ( or as the case may be ). (2.) Falsely represented to one E.F. that he [ or she] had obtained a certificate issued by the Medical Board testifying ( etc. as in (1)) ( or as the case may be ). (3.) By falsely representing to the Medical Board ( or as the case may be ) that he [ or she] was ( etc. state the false representation ) procured himself [ or herself] to be registered as a legally qualified medical practitioner ( or as the case may be ). Form 309 COUNTERFEITING TRADEMARKS Section 503 (1.) Made a counterfeit trade mark purporting to be the trade mark of one E.F., with intent thereby then to defraud [ or to enable other persons to defraud]. (2.) Knowingly used on an axe [ or on a packet containing tea or on a label connected with a bottle containing whisky ( or as the case may be )] a trademark [ or a counterfeit trade mark] in such a manner that the mark so used signified [ or implied or might reasonably induce persons to believe] that the said axe [ or tea or whisky ( or as the case may be )] was such as was designated by the said mark, whereas it was not such as was so
219 Criminal Practice Rules 1900 SCHEDULE (continued) designated, with intent thereby then to defraud [ or to enable other persons to defraud]. Form 310 CIRCULATING FALSE COPIES OF RULES OR LISTS OF MEMBERS OF SOCIETIES OR COMPANIES Section 504 Knowingly uttered to one E.F. a document purporting to be a copy of the memorandum [ or articles] of association [ or deed of settlement] of the X.Y. Company, Limited [ or of the rules or by-laws of the X.Y. Society, being a friendly society constituted under the Friendly Societies Act 1991 ( or as the case may be ), but which was not a true copy thereof [or a document purporting to be a list of the members of the ( etc. as above ) but which was not a true list of such members], with intent thereby then to deceive [ or defraud] [ or to enable other persons to deceive ( or defraud)]. † 11—FORGERY AND LIKE OFFENCES PUNISHABLE ON SUMMARY CONVICTION Form 311 SENDING FALSE TELEGRAMS Section 505 (1.) Knowingly, and without the authority of one E.F., sent [ or delivered or caused to be sent ( or delivered)] to one Q.R., a person employed by [ or under] the Post and Telegraph Department, for the purpose of being transmitted as a telegram, a message [ or writing] purporting to be sent by the said E.F.
220 Criminal Practice Rules 1900 SCHEDULE (continued) (2.) Signed a telegram in the name of one E.F. without his [ or her] authority [ or in the name of a fictitious person called M.N.]. (3.) Wilfully, and without the authority of one E.F., altered a telegram sent by the said E.F. (4.) Wrote [ or Issued or Delivered], as and for a telegram received through a telegraph office, a writing purporting to be a telegram so received, and which had not in fact been so received. Form 312 FORGERY OF MARINERS’ TICKETS OR DOCUMENTS UNDER FACTORIES AND SHOPS ACT Section 506 (1.) Forged a document purporting to be ( etc. as in form 294) being a document required to be obtained [ or used] under the provisions of the laws relating to the engagement of mariners ( or as the case may be ). (2.) Utter a document required ( etc. as in (1)) namely, a ( describe it ), which had been issued to one E.F., and then falsely represented himself [ or herself] to be the said E.F. Form 313 FRAUDULENT USE OF ADHESIVE STAMPS Section 507 (1.) Fraudulently removed an adhesive stamp [ or caused an adhesive stamp to be removed] from a document with intent that the said stamp might be used again. (2.) Fraudulently affixed an adhesive stamp which had been removed from a document to another document with intent that the said stamp might
221 Criminal Practice Rules 1900 SCHEDULE (continued) be used again. (3.) Knowingly uttered an adhesive stamp which had been fraudulently removed from a document with intent that it might be used again. (4.) Knowingly uttered a document having on it an adhesive stamp which had been fraudulently removed from another document with intent that it might be used again. Form 314 FALSE WARRANTIES OR LABELS RELATING TO THE SALE OF FOOD Section 508 (1.) Knowingly gave to one E.F., a purchaser of certain tea ( or as the case may be ) then sold by him [ or her], a false warranty in writing with respect thereto. (2.) Knowingly gave to one E.F., with certain coffee ( or as the case may be ) then sold by him [ or her], a label which falsely described the same. (3.) In the course of proceedings under the laws relating to the sale of food and drugs knowingly applied to certain butter ( or as the case may be ) a certificate [ or warranty] which had been given by one Q.R. with respect to another article [ or drug].
222 Criminal Practice Rules 1900 SCHEDULE (continued) † 12—PREPARATION FOR FORGERY Form 315 INSTRUMENTS AND MATERIALS FOR FORGERY Section 510 (1.) Without lawful authority or excuse made [ or began ( or prepared) to make or used or knowingly had in his [ or her] possession or knowingly disposed of] paper resembling paper specially provided by the proper authority for the purpose of being used for making ( a ) Certain documents acknowledging [ or being evidence of] the indebtedness of the Government ( or as the case may be ) [ or of the X.Y. Company, a company carrying on the business of banking] to the holders thereof, namely, debentures [ or banknotes ( or as the case may be )]; or ( b ) stamps [ or licenses or permits ( or as the case may be )] used for the purpose of the public revenue ( or as the case may be ); or ( c ) banknotes (2.) Without lawful authority or excuse made [ or began ( or prepared) to make or used or knowingly had in his [ or her] possession or knowingly disposed of] machinery [ or an instrument or material] for making paper resembling [ or capable of producing in ( or on) paper words ( or figures or letters or marks or lines) resembling words ( or figures or letters or marks or lines) used in ( or on)] paper specially provided by the proper authority for ( etc. as in (a)). (3.) Without lawful authority or excuse impressed [ or made] upon a plate ( or as the case may be ) certain words [ or figures or letters or marks or lines] the print whereof resembled [in part] the words [ or figures or letters or marks or lines] used in certain documents ( etc. as in (1)(a)) [ or in stamps ( etc. as in (1)(b)) or in banknotes.] (4.) Without lawful authority or excuse used [ or knowingly had in his [ or her] possession or knowingly disposed of] a plate ( or as the case may be ) upon which were impressed [ or made] certain words the print whereof
223 Criminal Practice Rules 1900 SCHEDULE (continued) resembled [in part] ( etc. as in (3)). (5.) Without lawful authority or excuse used [ or knowingly had in his [ or her] possession or knowingly disposed of] paper on which were [ or was] written [ or printed] [part of] the usual contents of certain documents ( etc. as in (1)(a)) [ or of stamps ( etc. as in (1)(b)) or of banknotes]. Form 316 COUNTERFEIT STAMPS Section 511 (1.) Without lawful authority or excuse made [ or mended or began ( or prepared) to make ( or mend) or used or knowingly had in his [ or her] possession or knowingly disposed of] a die [ or plate or instrument] capable of making an impression resembling that made by a die [ or plate or instrument] used for the purpose of making an impressed [ or adhesive] stamp used for the purposes of the public revenue [ or of the post office] of Queensland ( or as the case may be ) [ or capable of producing in ( or on) paper words ( or figures or letters or marks or lines) resembling words ( or figures or letters or lines) used in ( or on) paper specially provided by the proper authority for the purpose of making impressed ( or adhesive) stamps used for the purposes ( etc. as above )]. (2.) Without lawful authority or excuse had in his [ or her] possession [ or disposed of] paper ( or as the case may be ) having on it the impression of a die [ or plate or instrument] capable ( etc. as in (1) [ or having on it words ( or etc. resembling etc. as in (1))]. (3.) Fraudulently, and without lawful authority or excuse, removed from a piece of paper [ or parchment] an impressed [ or adhesive] stamp used for the purposes of the public revenue ( or etc. as in (1)), with intent that use might be made of [part of] the said stamp. (4.) Fraudulently, and without lawful authority or excuse, mutilated an impressed [ or adhesive] stamp used ( etc. as in (1)), with intent that use might be made of [part of] the said stamp.
224 Criminal Practice Rules 1900 SCHEDULE (continued) (5.) Fraudulently, and without lawful authority or excuse, fixed [ or placed] upon a piece of paper [ or parchment] [ or upon an impressed ( or adhesive) stamp used ( etc. as in (1)) [part of] an impressed [ or adhesive] stamp used ( etc. as in (1)) [ or (part of) a stamp used for the like purposes] which had been removed from another piece of paper [ or parchment] [ or which had been removed out of ( or from) another stamp]. (6.) Fraudulently, and without lawful authority or excuse, erased [ or cut out ( or as the case may be )] from a piece of paper [ or parchment] upon [or to] which an impressed [ or adhesive] stamp used ( etc. as in (1)) had been impressed [ or attached] certain words ( or as the case may be ) written upon it, with intent that use might be made of the said stamp. (7.) Knowingly, and without lawful authority or excuse, had in his [ or her] possession [ or disposed of] ( a ) an impressed [ or adhesive] stamp, used ( etc. as in (1)), which had been fraudulently and without lawful authority or excuse removed from ( etc. ) with intent ( etc. as in (3)); or ( b ) which had been fraudulently and without lawful authority or excuse mutilated with intent ( etc. as in (4)); or ( c ) a piece of paper ( or etc. ) upon which there had been fraudulently and without lawful authority or excuse fixed [ or placed] [part of] an impressed [ or adhesive] stamp used ( etc. as in (1)) [ or an impressed ( or adhesive) stamp upon which there had been ( etc. as above ) (part of) a stamp used for the like purposes) which had been removed ( etc. as in (5))]; or ( d ) a piece of paper ( or etc. ) which had been impressed with [ or to which had been attached] an impressed [ or adhesive] stamp used ( etc. as in (1)), and from which certain words ( or as the case may be) had been fraudulently erased ( or as the case may be ) without lawful authority or excuse, and with intent ( etc. as in (6)).
225 Criminal Practice Rules 1900 SCHEDULE (continued) Form 317 PAPER FOR POSTAL PURPOSES Section 512 Knowingly, and without lawful authority or excuse, had in his [ or her] possession [ or disposed of], before it had been lawfully issued for public use, certain paper which had been specially provided by the proper authority for the purpose of being used for postage stamps ( or as the case may be ). Form 318 PAPER AND DIES FOR POSTAGE STAMPS Section 513 (1.) Made [ or Began ( or Prepared) to make or Used for postal purposes or Had in his [ or her] possession or Disposed of] without lawful authority or excuse an imitation [ or representation] on paper ( or as the case may be ) of a stamp used for denoting a rate of postage of Queensland ( or as the case may be ). (2.) Made [ or Mended or Began ( or Prepared) to make ( or mend) or Used or Had in his [ or her] possession or Disposed of] without lawful authority or excuse a die [ or a plate or an instrument or material] for making imitations [ or representations] of a stamp used for denoting a rate of postage in Queensland ( or etc. ).
226 Criminal Practice Rules 1900 SCHEDULE (continued) † 13—PERSONATION Form 319 PERSONATION IN GENERAL Section 514 (1.) Falsely represented himself [ or herself] to be one E.F. [who was then dead], with intent thereby then to defraud. (2.) Falsely represented himself [ or herself] to be one E.F., who was then entitled under the will of one G.H. [ or by operation of law upon the death of one G.H. ( or as the case may be )] to certain real [ or personal] property, namely ( describe it shortly ), with intent thereby then to defraud and to obtain [possession of] the property aforesaid. Form 320 FALSELY ACKNOWLEDGING DEEDS, RECOGNISANCES ETC. Section 515 Without lawful authority or excuse made, in the name of one E.F., before the Honourable Justice C. ( or as the case may be ), who was lawfully authorised to take the recognisance [ or acknowledgment ( or as the case may be )] next hereinafter mentioned, a recognisance ( or etc. ) [ or an acknowledgment of a deed] purporting to be the recognisance [ or deed] of the said E.F.
227 Criminal Practice Rules 1900 SCHEDULE (continued) Form 321 PERSONATION OF A PERSON NAMED IN A CERTIFICATE Section 516 Uttered a certificate which had been theretofore issued by lawful authority to one E.F., whereby the said E.F. was certified to be a legally qualified medical practitioner [ or doctor of medicine of the University of O. ( or as the case may be )], and then falsely represented himself [ or herself] to be the said E.F. Form 322 LENDING CERTIFICATES FOR PERSONATION Section 517 Being the holder of a certificate ( or as the case may be ) which had been issued to him [ or her] by lawful authority, and whereby he [ or she] was certified to be a pharmaceutical chemist ( or as the case may be ), lent the said certificate to one M.N., with intent that the said M.N. might represent himself [ or herself] to be the person named therein as the person to whom the same was issued. † 14—FRAUDULENT DEBTORS Form 323 ABSCONDING WITH PROPERTY IN CONTEMPLATION OF OR IMMEDIATELY AFTER INSOLVENCY Section 519 (1.) Being an insolvent, departed from Queensland and took with him [ or her] [ or attempted ( or prepared) to depart from Queensland and to take
228 Criminal Practice Rules 1900 SCHEDULE (continued) with him [ or her]] part of his [ or her] property, namely, $ ( or as the case may be, describe the property ) [of the value of (upwards of) $40], which ought by law to have been divided amongst his [ or her] creditors. (2.) Departed from Queensland and took with him [ or her] ( or Attempted to depart from Queensland and to take with him [ or her] ( etc. as in (1)), which ought by law, in the event of his [ or her] becoming insolvent, to have been divided amongst his [ or her] creditors, and within 4 months afterwards became an insolvent. Form 324 FRAUDS BY INSOLVENTS Section 520 (1.) Being an insolvent, ( a ) fraudulently removed part of his [ or her] property of the value of [upwards of] $20, namely, ( describe it ); or ( b ) fraudulently parted with [ or altered or made an omission in or was privy to fraudulently parting with ( or altering or making an omission in)] a document affecting [ or relating to] his [ or her] property [ or affairs], namely, a statement purporting to be a list of secured creditors ( or as the case may be ). (2.) Fraudulently ( etc. as in (1)(a) or (b)); and within 4 months afterwards became an insolvent. (3.) Being an insolvent, attempted to account for part of his [ or her] property, namely, ( describe it ) by alleging fictitious losses [ or expenses]. (4.) At a meeting of his [ or her] creditors attempted to account for ( etc. as in (3)), and within 4 months afterwards became an insolvent. (5.) By falsely representing to one E.F. that ( state substance of fraud or false representation ), [ or Under the false pretence of carrying on business ( or as the case may be )] obtained certain property, namely, ( describe it ), on
229 Criminal Practice Rules 1900 SCHEDULE (continued) credit from the said [ or one] E.F., and did not pay for the same: And that the said A.B. within 4 months afterwards became an insolvent. Form 325 OTHER FRAUDS BY INSOLVENTS Section 521 (1.) Being an insolvent, ( a ) concealed part of his [ or her] property of the value of [upwards of] $20, namely ( describe i t); or ( b ) concealed a debt due to him [ or her] by [ or due by him [ or her] to] one M.N., and amounting to $ . (2.) Concealed ( etc. as in (1)(a) or (b)) [ or Obtained property, namely ( describe it ), from one E.F. under the false pretence of carrying on business and dealing in the ordinary way of trade, and did not pay for the same] [ or Pawned ( or Pledged or Disposed of otherwise than in the ordinary way of trade) certain property, namely ( describe it ), which he [ or she] had obtained on credit and had not paid for]: And that the said A.B. within 4 months afterwards became an insolvent. Form 326 FALSIFICATION OF BOOKS BY INSOLVENTS Section 522 (1.) Being an insolvent, concealed [ or destroyed or altered or mutilated or falsified or was privy to the concealment ( or destruction or alteration or mutilation or falsification) of [an entry in] a book [ or document or account] relating to his [ or her] property [ or affairs], namely, a ledger ( or as the case may be)].
230 Criminal Practice Rules 1900 SCHEDULE (continued) (2.) Being an insolvent made [ or was privy to making] a false entry in a book ( or etc. as in (1)). (3.) Concealed ( or etc. as in (1)) [ or Made ( or etc. as in (2))], and within 4 months afterwards became an insolvent. Form 327 FRAUDS BY INSOLVENTS IN COURSE OF INSOLVENCY PROCEEDINGS Section 523 Being a person whose affairs were in course of administration under the provisions of the laws relating to insolvent debtors, ( a ) and knowing [ or believing] that a false debt had been proved by one M.N. in the course of such administration, failed for a period of a month to give information thereof to one E.F., who was then the trustee of the property of the said A.B.; or ( b ) falsely represented to his [ or her] creditors [ or to one E.F. and one G.H.] 1 [ or 2] of his [ or her] creditors ( or as the case may be ) that ( state substance of false representation or fraud ), for the purpose of obtaining the consent of his [ or her] said creditors [ or of the said E.F. (and G.H.)] to an agreement with reference to his [ or her] affairs [ or with reference to certain proceedings taken under ( or by virtue) of such administration]. Form 328 FAILURE BY INSOLVENTS TO DISCOVER PROPERTY Section 524 Being a person ( etc. as in form 327 ), ( a ) failed to fully and truly discover to the best of his [ or her] knowledge
231 Criminal Practice Rules 1900 SCHEDULE (continued) and belief to one E.F., who was then the trustee of his [ or her] property, part of his [ or her] real [or personal] property, namely, ( describe it ), and how, and to whom, and for what consideration, and when, he [ or she] the said A.B. had disposed of it, the same not having been disposed of in the ordinary way of [his [ or her]] trade or laid out in the ordinary expense of his [ or her] family; or ( b ) failed to deliver to one E.F., who was then the trustee of his [ or her] property, or as he [ or she] the said E.F. directed, part of his [ or her] real [ or personal] property, namely, ( describe it ), which was then in his [ or her] custody [ or under his [ or her] control], and being property which by law he [ or she] was required to deliver up to the said E.F. as such trustee; or ( c ) failed to deliver to one E.F., who was then the trustee of his [ or her] property, or as he [ or she] the said E.F. directed, a book [ or document or paper or writing] which was then in his [ or her] custody [ or under his [ or her] control], and which related to his [ or her] property [ or affairs], namely, a ledger ( or as the case may be ); or ( d ) omitted [ or was privy to omitting] from a statement relating to his [ or her] affairs a material particular, namely, a statement of a debt due to him [ or her] by one M.N. (or as the case may be ). Form 329 FAILURE TO KEEP PROPER BOOKS Section 525 Omitted to keep proper books of account showing the true state of his [ or her] affairs, and within 3 years afterwards became an insolvent.
232 Criminal Practice Rules 1900 SCHEDULE (continued) Form 330 CONCEALING DOCUMENTS Section 526 Being an insolvent, prevented the production of a book [ or document or paper or writing] affecting [ or relating to] his [ or her] property [ or affairs], namely, a ledger ( or as the case may be ). Form 331 RECEIVING INSOLVENT’S PROPERTY WITH INTENT TO DEFRAUD Section 527 (1.) Received from one M.N., an insolvent, certain property, namely ( describe it ), with intent to defraud the creditors of the said M.N. (2.) Failed to deliver to one E.F., the trustee of the property of one M.N., an insolvent, certain property which then formed part of the estate of the said M.N., namely, ( describe it ), with intent thereby to defraud the creditors of the said M.N. Form 332 MAKING FALSE CLAIM IN INSOLVENCY Section 528 (1.) Being a creditor of one M.N., an insolvent [or of one M.N., who had then lately taken proceedings for a composition with his [ or her] creditors under the provisions of the laws relating to insolvent debtors], made in the course of the insolvency [ or of the said proceedings] a proof [ or declaration] of debt [ or a statement of account] which was false in a material particular, namely, in that it was thereby stated that ( set out false
233 Criminal Practice Rules 1900 SCHEDULE (continued) statement ), whereas in truth ( state the truth ), as he [ or she], the said A.B., then well knew, with intent thereby then to defraud. (2.) Not being a creditor ( etc. as in (1)), made in the course of the insolvency of the said M.N. [ or of the said proceedings] a proof [ or declaration of debt] against the said M.N., with intent thereby then to defraud. Form 333 CONCEALING PROPERTY OF INSOLVENTS Section 529 Concealed part of the property of one M.N., an insolvent, and did not within 42 days after the appointment of a trustee of the property of the said M.N. discover the same to the said trustee or to the registrar of the Supreme Court. Form 334 FRAUDULENT DEALING WITH PROPERTY BY DEBTORS Section 530 (1.) Made a gift [ or delivery or transfer] of [ or a charge on] part of his [ or her] property, namely ( describe it ), to [ or in favour of] one M.N., with intent thereby to defraud his [ or her] creditors [ or one E.F., one of his [ or her] creditors]. (2.) After [ or Within 2 months before] the date of an unsatisfied judgment [ or order for the payment of money] obtained against him [ or her] by one E.F. concealed [ or removed] part of his [ or her] property, namely ( describe it ), with intent thereby then to defraud his [ or her] creditors [ or the said E.F. ( or one G.H., one of his [ or her] creditors)].
234 Criminal Practice Rules 1900 SCHEDULE (continued) † 15—OTHER OFFENCES Form 335 CONCEALMENT BY OFFICERS OF COMPANIES ON REDUCTION OF CAPITAL Section 531 Being a director [ or the manager ( or as the case may be )] of the X.Y. Company, Limited, the capital whereof it has then proposed to reduce under the provisions of the laws relating to the reduction of the capital of joint stock companies, ( a ) concealed the name of one E.F., a creditor of the said company who was entitled to object to the said proposed reduction; or ( b ) knowingly misrepresented the nature [ or amount] of the debt [ or claim] of one E.F., a creditor [ or who claimed to be a creditor] of the said company. or ( c ) was privy to concealing the name ( etc. as in (a)) [ or to an intentional misrepresentation of the nature ( etc. as in (b))]. Form 336 FALSIFICATION OF BOOKS OF COMPANIES Section 532 Being a director [ or officer or contributory] of the X.Y. Company, Limited, which was then in course of being wound up under the provisions of the laws relating to joint stock companies, ( a ) concealed [ or destroyed or altered or mutilated or falsified] [an entry in] a book [ or document or valuable security or account] relating to the affairs of the said company, namely, a ledger ( or as the case may be ) [ or was privy to concealing or destroying ( or etc. as above)];
235 Criminal Practice Rules 1900 SCHEDULE (continued) or ( b ) made [ or was privy to making] a false entry in a book ( or as the case may be ) belonging to the said company, namely, a ledger ( or as the case may be ); with intent thereby then to deceive [ or to defraud or to enable other persons to deceive ( or defraud)]. Form 337 MIXING UNCERTIFIED WITH CERTIFIED ARTICLES Section 533 Mixed with certain butter ( or as the case may be ), to which a mark had been attached [ or with respect to which a certificate had been given] under the authority of the ( name of the statute by its short title or by the year and number ) for the purpose of denoting the quality thereof [ or of denoting that the same had been examined ( or approved) by ( or under the authority of) an inspector appointed by the Government ( or as the case may be ) in that behalf], other butter ( or etc. ) which had not been so examined [ or approved]. Form 338 INTIMIDATION OF WORKERS AND EMPLOYERS Section 534 (1.) By violence to the person [ or property] of one E.F. [ or By threats or By intimidation or By besetting the house ( or place of work) of one E.F. or By following one E.F. in a disorderly manner in a public highway or By molesting ( or obstructing) one E.F. by force in the pursuit of his [ or her] lawful vocation] ( a ) compelled [ or attempted to compel] the said E.F. [ or one G.H.], being a person employed in the manufacture of boots [ or in the trade ( or business or occupation) of a baker ( or as the case may be )], to depart from
236 Criminal Practice Rules 1900 SCHEDULE (continued) his [ or her] employment [ or to return his [ or her] work before it was finished]; or ( b ) prevented the said E.F. [ or one G.H.], who was not then employed, from accepting employment from one K.L. (2.) Used violence to the person [ or property] of one E.F. [ or Used threats ( or intimidation) to one E.F. or Molested ( or Obstructed) one E.F. by force] ( c ) for the purpose of inducing the said E.F. [ or one G.H.] to belong to a club [ or association] called etc. [ or to contribute to a common fund intended to be raised for the purpose of ( state the purpose shortly ) or to pay a fine ( or penalty) which purported to have been imposed upon him [ or her] by one M.N. (and others)]; or ( d ) on account of his [ or her] [ or on account of one G.H.] not belonging to a club [ or association] called etc. [ or not having contributed ( or having refused to contribute) to a common fund ( etc. as in (c))]; or ( e ) on account of his [ or her] [ or on account of one G.H.] not having complied [ or refusing to comply] with certain rules [ or orders or resolutions or regulations] made [ or pretended to be made] by one M.N. [and others] [ or by a club ( or association) called etc. ] in order to obtain an advance of wages in [ or to reduce the rate of wages in or to lessen ( or alter) the hours of working in or to decrease ( or alter) the quantity of work done in or to regulate the mode of carrying on or to regulate the management of] the manufacture of boots [ or the trade ( or business) of bakers ( or as the case may be )]. (3.) By violence to the person [ or property] of one E.F. [ or By threats or By intimidation or By molesting ( or obstructing) one E.F.] compelled [ or endeavoured to compel] the said E.F. [ or one G.H.], being a person carrying on the manufacture of boots [ or the trade ( or business) of a baker ( or as the case may be )] to make an alteration in his [ or her] mode of carrying on his [ or her] said manufacture ( or etc. ) [ or to limit the number of his [ or her] apprentices ( or the number ( or description) of his [ or her] tradespersons ( or workers or employees))].
237 Criminal Practice Rules 1900 SCHEDULE (continued) † F—PREPARATION TO COMMIT OFFENCES: CONSPIRACY: ACCESSORIES AFTER THE FACT † 1—ATTEMPTS AND PREPARATIONS TO COMMIT OFFENCES Form 339 ATTEMPTS TO COMMIT OFFENCES (GENERAL FORM) Section 535 Attempted to steal ( etc. as the case may be, stating the attempted offence as in the appropriate form ). Form 340 COUNSELLING OR PROCURING COMMISSION OF OFFENCES Section 7 (1.) Counselled one M.N. to unlawfully wound one E.F. ( or as the case may be: state the offence counselled ), which the said M.N. thereupon did. (2.) Procured one M.N. to unlawfully wound one E.F. ( as the case may be ). Form 341 ATTEMPTS TO PROCURE COMMISSION OF CRIMINAL ACTS Section 539 With intent unlawfully to kill one E.F., attempted to procure one M.N. to cause poison to be taken by the said E.F. [ or Attempted to procure one
238 Criminal Practice Rules 1900 SCHEDULE (continued) M.N. to cause poison to be taken by one E.F. with intent unlawfully to kill him [ or her] ( or as the case may be )]. Form 342 PREPARATION TO COMMIT CRIME WITH EXPLOSIVES Section 540 Made [ or Knowingly had in his [ or her] possession] an explosive [ or dangerous] substance [ or a dangerous ( or noxious) engine ( or instrument or thing)], namely, dynamite [ or a bomb or a sandbag ( or as the case may be )], with intent by means thereof to commit a crime [ or for the purpose of enabling one M.N. ( or another person to the Attorney-General ( or the said J.J.K.) unknown) to commit a crime by means thereof]. † 2—CONSPIRACY Form 343 CONSPIRING TO COMMIT CRIME OR MISDEMEANOUR Sections 541, 542 Conspired together [ or with one M.N. or with divers person to the said Attorney-General ( or J.J.K.) unknown] to cause poison to be taken by one E.F. with intent unlawfully to kill him [ or her] ( or as the case may be, describing the offence intended to be committed in the appropriate form ). If the offence is intended to be committed out of Queensland insert in the appropriate place a statement of the place of the intended offence as thus: ‘at S, in the State of New South Wales,’ and add: which act, if it had been done in pursuance of the said conspiracy, would have been an offence under the laws in force in New South Wales ( or as the case may be ).
239 Criminal Practice Rules 1900 SCHEDULE (continued) Form 344 OTHER CONSPIRACIES Section 543 Conspired together ( or etc. as in form 343 ). ( a ) to prevent [ or defeat] the execution [ or enforcement] of the provisions of the ( describe the Act by its short title (if any) or by the year and number ) relating to the discovery of infectious diseases in human beings ( or as the case may be ): or ( b ) to cause the health of one E.F. to be injuriously affected by exposing him [ or her] to danger of disease [ or to defame one E.F. or to depreciate the value of certain property of one E.F., namely, ( describe it ), ( or as the case may be ); or ( c ) to prevent [ or obstruct] the free and lawful disposition by one E.F. of certain property belonging to him [ or her], namely, ( describe it ), for its fair value; or ( d ) to injure one E.F. in his [ or her] profession of a solicitor [ or surgeon ( or as the case may be )]; or ( e ) to prevent [ or obstruct] by ( state the acts done ( see form 337)) the free and lawful exercise by the said E.F. [ or of one G.H.] of his [ or her] trade [ or profession or occupation] of a carpenter ( or as the case may be ); or ( f ) to procure the arrest of one E.F. as and for one M.N. on a charge of stealing then lately preferred against the said M.N. ( or as the case may be ); or ( g ) to bring about an alteration in the local laws of the municipal council of A. by systematically procuring breaches of the said local laws in such numbers that the said municipal council could not effectively proceed against the offenders ( or as the case may be ).
240 Criminal Practice Rules 1900 SCHEDULE (continued) † 3—ACCESSORIES AFTER THE FACT Form 345 ACCESSORIES AFTER THE FACT TO CRIMES ETC. Sections 10, 544, 545 State the principal offence in the appropriate form, and proceed thus: And that E.F. on etc. at etc. knowing that the said C.D. had committed the said crime [ or offence], received [ or assisted] him [ or her] in order to enable him [ or her] to escape punishment. † G—OFFENCES PARTLY COMMITTED OUT OF QUEENSLAND Form 346 24 WHEN THE INITIAL ELEMENT OCCURS IN QUEENSLAND Section 12 State the offence in the appropriate form, as in other cases, but allege the time and place of committing the offence as follows : On and after the day of by a series of acts began at A., in the State of Queensland, and continued in the State of New South Wales ( or as the case may be ). Form 347 WHEN THE INITIAL ELEMENT OCCURS OUT OF QUEENSLAND Section 12 State the time and place of offence, as in form 346, and after statement of 24 See now section 12 (Application of Code as to offences wholly or partially committed in Queensland)
241 Criminal Practice Rules 1900 SCHEDULE (continued) offence in the appropriate form, add — And that afterwards on etc. the said A.B. came into Queensland. Form 348 OFFENCES PROCURED OR COUNSELLED BY PERSONS OUT OF QUEENSLAND Section 13 25 (1.) On etc. at etc. in the State of New South Wales ( or as the case may be ) fraudulently procured one M.N. to utter at B. in the State of Queensland a false document purporting to be etc. which he [ or she] the said A.B. then knew to be false: And that afterwards, on etc. the said A.B. came into Queensland. (2.) On etc. at etc. in the State of New South Wales ( or as the case may be ) procured one M.N. to steal a horse, the property of one E.F., at S. in Queensland [ or counselled one M.N. to ( etc. as above ) which the said M.N. thereupon did]: And that afterwards, on etc. the said A.B. came into Queensland. Form 349 OFFENCES PROCURED IN QUEENSLAND TO BE COMMITTED OUT OF QUEENSLAND Section 14 With intent unlawfully to kill one E.F., procured one M.N. to cause poison to be taken by the said E.F., at S., in the State of New South Wales ( or as the case may be ) [ or Procured one M.N. to cause poison to be taken by one E.F. at S. in the State of New South Wales ( or as the case may be ), with intent unlawfully to kill him [ or her] ( or as the case may be )], which act, if it had been done by the said A.B. himself [ or herself] would have 25 See now section 13 (Offences enabled, aided, procured or counselled by persons out of Queensland)
242 Criminal Practice Rules 1900 SCHEDULE (continued) been [ or which act so done by the said M.N. was] an offence under the laws in force in New South Wales ( or etc. ): And the said Attorney-General [ or J.J.K.] further informs the court that this prosecution is instituted against the said A.B. at the request of the Government of New South Wales ( or etc. ). Form 350 ATTEMPTS TO PROCURE COMMISSION OF CRIMINAL ACTS OUT OF QUEENSLAND Section 539 See form 341, which use, inserting in the appropriate place the words at S. in the State of New South Wales ( or as the case may be ), and adding at the end the following words , which act, if it had been done by the said A.B. [ or M.N.], would have been an offence under the law in force in New South Wales ( or etc. ). Also add the following statement: And the said Attorney-General [ or J.J.K.] further informs the court that this prosecution is instituted against the said A.B. at the request of the Government of New South Wales ( or etc. ). † GA—OFFENCES ON HIGH SEAS Form 350A Section 14A Being a person connected with Queensland, while on [in, under, over, as the case may be ] the high seas within 200 miles of Queensland unlawfully killed one C.D. [ or other act or omission as the case may be ] which act [ or
243 Criminal Practice Rules 1900 SCHEDULE (continued) omission], if it had been done [ or made] in Queensland by the said A.B. would have been an offence against the statute law of Queensland. Form 350B Section 14A While on [in, under, over, as the case may be ] the high seas within 200 miles of Queensland unlawfully wounded one C.D. [ or other act or omission affecting the said C.D. or property of the said C.D.], a person connected with Queensland which act [ or omission] if it had been done [ or made] in Queensland by the said A.B. would have been an offence against the statute law of Queensland: And that afterwards, on etc. the said A.B. came into Queensland. † H—OFFENCES AGAINST SOME IMPERIAL LAWS † 1—OFFENCES AGAINST FOREIGN ENLISTMENT ACT 33 & 34 Vic. c 90 Form 351 ENLISTMENT IN SERVICE OF FOREIGN STATE AT WAR WITH FRIENDLY STATE Section 4 ( a .) Being a British subject, accepted without the license of our said Lady the Queen [ or agreed without the license of our said Lady the Queen to
244 Criminal Practice Rules 1900 SCHEDULE (continued) accept] a commission [ or engagement] in the military [ or naval] service of a foreign State, namely ( name of State ) which was then at war with a foreign State at peace with our said Lady the Queen, namely ( name the State ). ( b .) Induced one M.N. to [agree to] accept a commission [ or engagement] in the military [ or naval] service of ( etc. as in (a)). Form 352 LEAVING BRITISH DOMINIONS TO SERVE FOREIGN STATE Section 5 ( a ). Being a British subject, quitted the dominions of our said Lady the Queen without the license of our said Lady the Queen [ or went, without the license of our said Lady the Queen, on board a ship with the view of quitting the dominions of our said Lady the Queen] with intent to accept a commission [or engagement] ( etc. as in form 351 ). ( b ) Without the license of our said Lady the Queen induced one M.N. to quit [ or to go on board a ship with the view of quitting] the dominions of our said Lady the Queen, with intent ( etc. as in (a) ). Form 353 EMBARKING PERSONS UNDER FALSE REPRESENTATIONS AS TO SERVICE Section 6 Induced one M.N. to quit the dominions of our said Lady the Queen [ or to embark on a ship at etc. within the dominions of our said Lady the Queen], under a misrepresentation [ or false representation] of the service in which the said M.N. was to be engaged, and with the intent [ or in order]
245 Criminal Practice Rules 1900 SCHEDULE (continued) that the said M.N. might accept [ or agree to accept] a commission [ or engagement] ( etc. as in form 351). Form 354 EMBARKING ILLEGALLY ENLISTED PERSONS Section 7 Being the master [ or owner] of the ship Thetis, did without the license of our said Lady the Queen, knowingly [engage to] take [ or knowingly have] on board the said ship one M.N., who, being a British subject, had then lately without the license of our said Lady the Queen accepted [ or agreed to accept] a commission [ or engagement] ( etc. as in forms 351 to 353 ) [ or who being a British subject was then about to quit Her Majesty’s dominions without the license of our said Lady the Queen with intent to accept a commission [or engagement ( etc. as above )] [ or who had been induced to embark on board the said ship under a misrepresentation [ or false representation] of the service in which he [ or she] was to be engaged, and with the intent ( etc. as in form 353 )]. Form 355 ILLEGAL SHIPBUILDING AND EQUIPMENT Section 8 ( a .) Without the license of our said Lady the Queen built [ or agreed to build or issued ( or delivered) a commission for or equipped or dispatched] a ship [ or caused a ship to be built or caused ( or allowed) a ship to be despatched], with intent that the same should [ or with knowledge ( or having reasonable cause to believe) that the same would] be employed in the military [ or naval] service of a foreign state, namely ( name the state ) which was then at war with a foreign State at peace with our said Lady the Queen, namely ( name the State ).
246 Criminal Practice Rules 1900 SCHEDULE (continued) Form 356 AIDING WARLIKE EQUIPMENT OF FOREIGN SHIPS Section 10 Before mentioning the accused person state as follows —On etc. a certain ship, namely, the Alabama, being then in the military [ or naval] service of a foreign State ( etc. as in form 355 ) was at B., within the dominions of our said Lady the Queen; and proceed — And that on etc. at etc. aforesaid A.B. [and C.D.] without the license of our said Lady the Queen, increased [ or augmented or was ( or were) knowingly concerned in increasing ( or augmenting)] the warlike force of the said ship [ or procured the warlike force of the said ship to be increased ( or augmented)] by adding to the number of the guns on board [ or by changing the guns on board for other guns or by the addition of equipment for war, namely, gunpowder ( or as the case may be )]. Form 357 FITTING OUT NAVAL OR MILITARY EXPEDITION WITHOUT LICENSE Section 11 Without the license of our said Lady the Queen prepared [ or fitted out] a naval [ or military] expedition to proceed against the dominions of a foreign State which was then at peace with our said Lady the Queen, namely ( name the State ).
247 Criminal Practice Rules 1900 SCHEDULE (continued) † 2—PIRACY Form 358 PIRACY BY THE LAW OF NATIONS Common law Describe the place as on the high seas— Piratically assaulted one E.F. and others, mariners, then being on the ship Thetis, and put them in fear [ or Violently and piratically assaulted one E.F. and others, mariners, then being on the ship Thetis], and then took the said ship [ or certain goods then on board of the said ship or part of the tackle ( or apparel or furniture) of the said ship] from the possession of the said mariners, and carried the same away against the will of the said mariners. Form 359 PIRACY WITH ATTEMPTED MURDER 7 Wm. 4 & 1 Vic. c 88 Section 2 ( a .) State the piracy as in form 358, describing the ship as a British ship, and proceed as follows— And that the said A.B. at the time of [ or immediately before ( or after )] committing the said offence assaulted the said E.F. [ or one G.H.], who was then on board of [ or then belonged to] the said ship with intent to murder him [ or her] [ or stabbed ( or cut or wounded) the said E.F. ( or one G.H.), who was then on board of ( or then belonged to) the said ship or unlawfully ( state the unlawful act done ), whereby the life of the said E.F. ( or one G.H.), who was then on board of ( or then belonged to) the said ship,was endangered]. ( b .) Assaulted one E.F., who was then on board of [ or then belonged to] the British ship Thetis with intent to murder him [ or her] [ or Stabbed ( or Cut or Wounded) one E.F., who was then on board of ( or then belonged
248 Criminal Practice Rules 1900 SCHEDULE (continued) to) the British ship Thetis or Unlawfully ( state the unlawful act ), whereby the life of one E.F., who was then on board of ( or then belonged to) the British ship Thetis was endangered]: And that the said A.B. committed the unlawful act aforesaid with intent to commit piracy by piratically assaulting ( etc. state the offence intended to be committed, as in form 358, using the participle for the indicative ). † 3—OFFENCES AGAINST PACIFIC ISLANDERS’ PROTECTION ACT 1872 35 & 36 Vic. c 19 Form 360 KIDNAPPING Section 9 ( a .) Being a British subject, decoyed one E.F., a native of an island in the Pacific Ocean, not in the dominions of our said Lady the Queen, nor within the jurisdiction of any civilised power, for the purpose of importing [ or removing] the said E.F. to an island [ or a place] other than that where the said E.F. then was [ or Being a British subject, carried away ( or confined or detained) one E.F. a native ( etc. as above ) for the purpose ( etc. as above ) without his [ or her] consent]. ( b .) Being a British subject, shipped [ or embarked or received or detained or confined or assisted in shipping ( or embarking or receiving or detaining or confining)] one E.F., a native of ( etc. as in (a) ) on board the ship Carl, for the purpose ( etc. as in (a)) without the consent of the said E.F. ( c .) Being a British subject, contracted with one M.N. for the shipping [ or embarking or receiving or detaining or confining] of one E.F., a native ( etc. as in (a) ) on board the ship Carl, for the purpose ( etc. as in (a) )
249 Criminal Practice Rules 1900 SCHEDULE (continued) without the consent of the said M.N. ( d .) Being a British subject, fitted out [ or manned or navigated or equipped or used or employed or let ( or took) on freight ( or hire) or commanded or served ( or was) on board of] the ship Carl, with intent to [ or with intent that persons on board the said ship, being British subjects, should] decoy natives of islands in the Pacific Ocean not in the dominions of our said Lady the Queen nor within the jurisdiction of any civilised power, for the purpose of importing [ or removing] such natives to an island [ or a place] other than that in which they then were [ or carry away ( or confine or detain) natives of ( etc. as in (a) ) for the purpose of ( etc. as above ) without their consent] [ or ship ( or embark or receive or detain or confine or assist in shipping ( or embarking or receiving or detaining)) natives, ( etc. as above ) on board a ship for the purpose ( etc. as above ) without their consent] [ or contract for the shipping ( or embarking or receiving or detaining or confining) of natives ( etc. as above ) on board a ship for the purpose ( etc. as above ) without their consent]. ( e .) Being a British subject, shipped [ or laded or received or put or contracted for the shipping ( or lading or receiving or putting) on board of the ship Carl certain money [ or goods or articles], namely, ( describe the thing generally ), with the intent that it [ or they] should be employed [ or knowing that it ( or they) would be employed] by British subjects in decoying natives ( etc. as in ( d )) [ or in carrying away ( or etc. ) natives ( etc. as in ( d )), or in shipping ( or etc. ) natives ( etc. as in ( d )) or in contracting ( etc. as in ( d )) or in fitting out ( or etc. ) a ship with intent ( etc. as in ( d ))]. † SECTION 3—PROCESS TO COMPEL APPEARANCE Form 1 BENCH WARRANT In the Supreme Court of Queensland ( or as the case may be )
250 Criminal Practice Rules 1900 SCHEDULE (continued) The Queen [on the prosecution of Z.Y.] against A.B. To the sheriff of Queensland and to all police officers in the State of Queensland: Whereas an indictment [ or information] has been presented in this court against the abovenamed A.B. and the said A.B. has not been committed for trial or held to bail to attend [ or does not appear] to be tried upon the charges set forth in the said indictment [ or information]: These are therefore to command you forthwith the arrest the said A.B., and to bring him [ or her] before some justice for the said State to be dealt with according to law. Given under my hand at etc. this day of 19 . P.A.C., J. Form 2 WARRANT OF COMMITMENT ON ARREST ON BENCH WARRANT ( See Justices Act, schedule 3, form 53, which follow, omitting reference to certificate .) Form 3 NOTICE TO APPEAR FOR NON-PAYMENT OF (FINE, COMPENSATION, RESTITUTION OR AS THE CASE MAY BE) In the Supreme Court of Queensland ( or as the case may be ) The Queen
251 Criminal Practice Rules 1900 SCHEDULE (continued) against A.B. Whereas on the day of , at the Supreme Court at , in the © State of Queensland, the abovenamed A.B. was convicted of ( stateoffence ) and it was ordered that Take notice that this honourable court will be moved at the Supreme courthouse at , aforesaid on , the day of , at o’clock in the forenoon or so soon thereafter as counsel can be heard for the said A.B. to show cause why the sentence of should not be executed because of the failure of the said A.B. to comply in all respects with the said order . And that the said A.B. is hereby required personally to attend the said court in order to show cause as aforesaid and that in case the said A.B. does not then attend the said court will be moved that his [ or her] default may be recorded and that a warrant be issued for his [ or her] arrest. Dated at , this day of , 19 . Registrar. To: The abovenamed A.B. † SECTION 4—FORMS OF PROCEEDINGS AT TRIAL Form 1 FORM OF ARRAIGNMENT The clerk of arraigns is required to address the accused person as follows— A.B. [and C.D.]: You stand charged by that name [or those names] that you on etc. at etc. ( The clerk of arraigns is to state the charge in the indictment to the accused person, using the second person plural instead of the third person, and repeating the names of each accused person as to any thing alleged of him [ or her ] , to the exclusion of the other persons accused ): How say you, A.B., are you guilty or not guilty?
252 Criminal Practice Rules 1900 SCHEDULE (continued) [How say you, C.D., are you guilty or not guilty?] NOTE– If the charge is of committing an offence after a previous conviction or convictions, the accused person is to be arraigned in the first instance upon so much only of the indictment as charges the subsequent offence ( see Code, section 630). Form 2 STATEMENT TO PRISONER OF HIS [ OR HER] RIGHT OF CHALLENGE ON PLEA OF NOT GUILTY If the accused person says that he [ or she ] is not guilty, the clerk of arraigns is required to address him [ or her] as follows— A.B. [and C.D.] These good men [and woman] whom you will now hear called are the jurors who are to decide between Our Lady the Queen and you upon your trial: If, therefore, you wish to challenge them, or any of them, you must do so as they come to be sworn, and before they are sworn, and you shall be heard. Form 3 DIRECTION TO JURORS TO TAKE THE BOX ( By the clerk of arraigns ) Members of the jury, answer to your names and take the box as you are called.
253 Criminal Practice Rules 1900 SCHEDULE (continued) Form 4 FORM OF GIVING THE ACCUSED PERSON IN CHARGE TO THE JURY After the names of the jury who have been sworn are called and they have answered, the clerk of arraigns is required to address them as follows— Members of the jury, A.B. [and C.D.] stands [ or stand] charged by that name [ or those names] that on etc. at etc. he [ or she or they] ( state the offence charged in the words of the indictment ): To this charge he [ or she] says [ or they say] that he [ or she] is [ or they are] not guilty: You are the jurors appointed according to law to say whether he [ or she] is [ or they are] guilty or not guilty of the charge: It is your duty, therefore, to hearken to the evidence, and to say whether he [ or she] is [ or they are] guilty or not guilty: Members, choose your leader. Form 5 FORM FOR ADDRESSING CONVICTED PERSON BEFORE SENTENCE If the plea or verdict is ‘guilty,’ the clerk of arraigns is required to address the convicted person as follows— A.B., you have been convicted ( in the case of a plea of guilty say on your own confession) of murder [ or stealing or piracy or forgery ( or as the case may be, describing the offence by the name by which it is commonly known, or otherwise so as to sufficiently designate it ): Have you anything to say why judgment should not be pronounced upon you according to law?
254 Criminal Practice Rules 1900 SCHEDULE (continued) † SECTION 5—FORMS OF ENTRIES OF PLEAS ETC. Form 1 DEMURRER TO INDICTMENT And the said A.B. says that the said indictment [ or information] is bad in substance on the grounds that ( state a ground of demurrer ), and on other grounds sufficient in law to sustain this demurrer. Form 2 PLEA OF GUILTY And the said A.B. says that he [ or she] is guilty of the said offence. Form 3 PLEA OF NOT GUILTY And the said A.B. says that he [ or she] is not guilty of the said alleged offence. Form 4 PLEA OF AUTREFOIS ACQUIT And the said A.B. says that he [ or she] has already, namely, on etc. at the Circuit Court at Ipswich ( or as the case may be) , been lawfully acquitted of the said offence [ or of ( state the offence of which he [or she] has already been acquitted, so as to show that the acquittal is a bar to a prosecution on the present charge )].
255 Criminal Practice Rules 1900 SCHEDULE (continued) Form 5 PLEA OF AUTREFOIS CONVICT And the said A.B. says that he [ or she] has already, namely, on etc. at the Circuit Court at Ipswich ( or as the case may be ) been convicted of the said offence [ or of ( etc. as in form 4 )]. Form 6 PLEA OF PARDON And the said A.B. says that on etc. our Lady the Queen [ or the Governor of Queensland, on behalf of our Lady the Queen,] granted him [ or her] a free pardon for the said offence. Form 7 PLEA OF TRUTH AND PUBLIC BENEFIT ON CHARGE OF DEFAMATION And the said A.B. [further] says that the said alleged defamatory matter is true in substance and in fact, and that it was for the public benefit that the publication thereof now complained of should be made. Form 8 CHALLENGE OF ARRAY The said A.B. challenges the array of the jury panel, and says ( state cause of challenge ): Wherefore he [ or she] prays that the said panel may be quashed.
256 Criminal Practice Rules 1900 SCHEDULE (continued) Form 9 CHALLENGE OF JUROR The said Attorney-General [ or J.J.K. or A.B.] challenges O.P. a juror called to try the said charge, and says that he [ or she] is not fair and indifferent between Our Lady the Queen and the said A.B. [and C.D.] [ or has no qualification ( or is disqualified to act as a juror] ( or as the case may be ). Form 10 DEMURRER TO CHALLENGE And the said Attorney-General [ or J.J.K. or A.B.] says that the said challenge is bad is substance [wherefore he [ or she] prays that the panel may be affirmed]. Form 11 PLEA TO CHALLENGE And the said Attorney-General [ or J.J.K. or A.B.] denies the truth of the matters alleged as cause of challenge [ or says that ( set out matters relied on in answer to the challenge )]. Form 12 AWARD OF JURY FOR TRIAL OF CHARGE Therefore let a jury immediately come to say upon their oaths whether the said A.B. [and C.D.] is [ or are] guilty or not guilty of the offence so charged against him [ or her or them].
257 Criminal Practice Rules 1900 SCHEDULE (continued) Form 13 AWARD OF JURY TO SAY WHETHER AN ACCUSED PERSON IS INSANE Code, section 613 And thereupon it is suggested to the court that the said A.B. is incapable of understanding the proceedings at the trial of the said indictment [ or information] so as to be able to make a proper defence: Therefore let a jury immediately come to say upon their oaths whether the said A.B. is so incapable or not. Form 14 ENTRY OF NOLLE PROSEQUI And the said Attorney-General [ or J.J.K.] says that he [ or she] will not further proceed against the said A.B. upon the said indictment [ or information]. † SECTION 6—FORMS OF ENTRIES OF VERDICT, JUDGMENT ETC. Form 1 ENTRY OF VERDICT And a jury being called came, and upon their oath say that the said A.B. is guilty of the said offence so charged against him [ or her] [ or is guilty of ( state the lesser offence if any of which the accused is convicted )] [ or is not guilty of the offence so charged against him [ or her]] [ or is not guilty of the offence so charged against him [ or her], because they say that he [ or she] was of unsound mind at the time when he [ or she] did the acts ( or made the
258 Criminal Practice Rules 1900 SCHEDULE (continued) omission) alleged to constitute the said alleged offence] [ or has been already acquitted ( or convicted) of the said offence] [ or of an offence of which he [ or she] might be convicted upon the said indictment ( or information)] [ or is not of sound mind]. Form 2 JUDGMENT ON VERDICT OF NOT GUILTY OR AUTREFOIS ACQUIT OR AUTREFOIS CONVICT OR ON DEMURRER ALLOWED Therefore it is adjudged that the said A.B. do go free from the said charge. Form 3 ORDER ON VERDICT OF NOT GUILTY ON ACCOUNT OF INSANITY Therefore it is ordered that the said A.B. be kept in strict custody in Her Majesty’s prison at B. ( or as the case may be ) until Her Majesty’s pleasure shall be known concerning him [ or her]. Form 4 JUDGMENT ON PLEA OF VERDICT OF GUILTY And thereupon the said A.B., being asked if he [ or she] has anything to say why judgment should not be passed upon him [ or her], says nothing unless as he [ or she] had before said: Therefore it is adjudged that the said A.B. shall for his [ or her] said offence be hanged by the neck until he [ or she] be dead [ or be imprisoned (and kept to hard labour) in Her Majesty’s
259 Criminal Practice Rules 1900 SCHEDULE (continued) prison at B. for the space of 12 calendar months or do pay to Her Majesty a fine of $200 ( or as the case may be )]. Form 5 JUDGMENT WHEN DEMURRER OVERRULED And upon argument and consideration of the matter the court is of opinion and doth adjudge that the said indictment [ or information] is good in substance. Whereupon the said A.B. says that ( etc. as in the forms in section 5 ). Form 6 JUDGMENT ON MOTION IN ARREST OF JUDGMENT After entry of verdict proceed as follows —And thereupon the said A.B., being asked if he [ or she] has anything to say why judgment should not be pronounced upon him [ or her], moved [ or motion was made on his [ or her] behalf] that judgment might be arrested: And thereupon it is adjudged by the court that judgment upon the said confession [ or verdict] be arrested, and that the said A.B. do go free from the said charge [ or that the judgment of the court shall be pronounced upon the said confession ( or verdict): Therefore it is adjudged ( etc. as in form 4)]. Form 7 ORDER ON FINDING THAT THE ACCUSED PERSON IS INSANE Code, section 645 Therefore it is ordered that the said A.B. be kept in strict custody in Her
260 Criminal Practice Rules 1900 SCHEDULE (continued) Majesty’s prison at B. ( or as the case may be ) until he [ or she] can be dealt with under the laws relating to insane persons. Form 8 ENTRY OF STAY ON NOLLE PROSEQUI Therefore it is ordered that all further proceedings against the said A.B. upon the said indictment [ or information] be stayed. † SECTION 7—FORMS OF APPLICATIONS AND APPROVALS FOR EXAMINATION OF A PERSON IN CUSTODY Form 1 QUEENSLAND Criminal Code Section 259 APPLICATION FOR APPROVAL FOR EXAMINATION OF A PERSON IN CUSTODY BY LEGALLY QUALIFIED MEDICAL PRACTITIONER I (a) of in the State of Queensland, police officer, make oath and say as follows— 1. I am a (b) of Police stationed at in the State of Queensland. 2. (c) is on this date, the day of 19 in lawful custody upon a charge of committing the offence that on the day of 19 the said (d) . 3. I have reasonable grounds for believing that the doing of the following
261 Criminal Practice Rules 1900 SCHEDULE (continued) acts *by a legally qualified medical practitioner may afford evidence of the commission of the said offence/s— (i) examination of the person of the said (c) including the orifices of his [ or her] body; (ii) taking samples of his [ or her] blood, saliva or hair; (iii) requiring him [ or her] to provide a sample of his/her urine; (iv) collection from his [ or her] person, including the orifices of his [ or her] body, of any substance or thing, the collection of which would be unlikely to cause bodily harm to him [ or her] if he [ or she] cooperates therewith. The grounds for my belief are as follows— (e) 4. The said (c) has been informed of his [ or her] right to have 2 persons of his [ or her] choice present while the acts specified herein are being done. 5. I hereby make application for approval for the acts specified in this application to be done. SWORN by the abovenamed at this day of 19 before me A justice of the peace. * Strike out those acts for which approval is not sought. (a) State full name of police officer making application. (b) State rank. (c) State full name of person in custody. (d) Set out in full the charge or charges. (e) Set out fully the grounds for belief.
262 Criminal Practice Rules 1900 SCHEDULE (continued) Form 2 QUEENSLAND Criminal Code Section 259 APPLICATION FOR APPROVAL FOR EXAMINATION OF A PERSON IN CUSTODY BY LEGALLY QUALIFIED DENTIST I (a) of in the State of Queensland, police officer, make oath and say as follows— 1. I am a (b) of Police stationed at in the State of Queensland. 2. (c) is on this date, the day of 19 in lawful custody upon a charge of committing the offence that on the day of 19 the said (d) . 3. I have reasonable grounds for believing that the doing of the following acts* by a legally qualified dentist may afford evidence of the commission of the said offence/s— (i) examination of the mouth of the said (c); (ii) taking samples of his [ or her] saliva; (iii) taking dental impressions from him [ or her]. The grounds for my belief are as follows— (e) 4. The said (c) has been informed of his [ or her] right to have 2 persons of his [ or her] choice present while the acts specified herein are being done. 5. I hereby make application for approval for the acts specified in this application to be done. SWORN by the abovenamed at this day of 19 before me A justice of the peace.
263 Criminal Practice Rules 1900 SCHEDULE (continued) * Strike out those acts for which approval is not sought. (a) Sate full name of police officer making application. (b) State rank. (c) State full name of person in custody. (d) Set out in full the charge or charges. (e) Set out fully the grounds for belief. Form 3 QUEENSLAND Criminal Code Section 259 APPROVAL FOR EXAMINATION OF A PERSON IN CUSTODY BY LEGALLY QUALIFIED MEDICAL PRACTITIONER I stipendiary magistrate, having read the application made on oath and in the prescribed form by (a) of in the State of Queensland, police officer, for approval for the doing of the following acts* by a legally qualified medical practitioner— (i) examination of the person of (b) , including the orifices of his [ or her] body; (ii) taking samples of his [ or her] blood, saliva or hair; (iii) requiring him [ or her] to provide a sample of his/her urine; (iv) collection from his [ or her] person, including the orifices of his [ or her] body, of any substance or thing, the collection of which would be unlikely to cause bodily harm to him [ or her] if he [ or she] cooperates therewith; AND BEING SATISFIED— (i) that the said (b) is in lawful custody upon a charge of having
264 Criminal Practice Rules 1900 SCHEDULE (continued) committed the offence/s that on the day of 19 (c) ; and (ii) that there are reasonable grounds for believing that the doing of the acts specified below may afford evidence of the commission of the said offence/s, the said grounds being and (iii) that the said (b) has been informed of his [ or her] right to have 2 persons of his [ or her] choice present while the acts specified below are being done, DO HEREBY APPROVE the doing of the following acts* by a legally qualified medical practitioner— (i) examination of the person of the said (b) including the orifices of his [ or her] body; (ii) taking samples of his [ or her] blood, saliva or hair; (iii) requiring him [ or her] to provide a sample of his [ or her] urine; (iv) collection from his [ or her] person, including the orifices of his [ or her] body, of any substance or thing, the collection of which would be unlikely to cause bodily harm to him [ or her] if he [ or she] cooperates therewith. (Signed) Stipendiary magistrate DATED this day of 19 at in the State of Queensland. * Strike out those acts for which approval is not sought or given. (a) State full name of police officer making application. (b) State full name of person in custody. (c) Set out in full the charge or charges.
265 Criminal Practice Rules 1900 SCHEDULE (continued) Form 4 QUEENSLAND Criminal Code Section 259 APPROVAL FOR EXAMINATION OF A PERSON IN CUSTODY BY LEGALLY QUALIFIED DENTIST I stipendiary magistrate, having read the application made on oath and in the prescribed form by (a) of in the State of Queensland, police officer, for approval for the doing of the following acts* by a legally qualified dentist— (i) examination of the mouth of (b) ; (ii) taking samples of his [ or her] saliva; (iii) taking dental impressions from him [ or her], AND BEING SATISFIED— (i) that the said (b) is in lawful custody upon a charge of having committed the offence/s that on the day of 19 (c) ; and (ii) that there are reasonable grounds for believing that the doing of the acts specified below may afford evidence of the commission of the said offence/s, the said grounds being and (iii) that the said (b) has been informed of his [ or her] right to have 2 persons of his [ or her] choice present while the acts specified are being done, DO HEREBY APPROVE the doing of the following acts* by a legally qualified dentist— (i) examination of the mouth of the said (b) ; (ii) taking samples of his [ or her] saliva; (iii) taking dental impressions from him [ or her]. (Signed) Stipendiary magistrate
266 Criminal Practice Rules 1900 SCHEDULE (continued) DATED this Queensland. day of 19 at in the State of * Strike out those acts for which approval is not sought or given. (a) State full name of police officer making application. (b) State full name of person in custody. (c) Set out in full the charge or charges. † PART 2—SPECIAL FORMS INCIDENT TO INFORMATIONS BY PRIVATE PERSONS Form 1 NOTICE TO JUDICIAL OFFICER OF APPLICATION FOR LEAVE TO PRESENT INFORMATION To A.B. [and C.D.], a justice [ or justices] of the peace ( or as the case may be ). Take notice that the Supreme Court of Queensland will be moved at the Supreme Courthouse, Brisbane [ or Rockhampton or Townsville] on etc. or as soon thereafter as counsel can be heard, on behalf of Z.Y. of etc. for an order calling upon you to show cause why an information should not be presented against you for that you [ or some or 1 of you] ( state offence intended to be charged as in an indictment ). Dated etc. Z.Y. [ or W.X., solicitor for Z.Y.]
267 Criminal Practice Rules 1900 SCHEDULE (continued) Form 2 BOND TO PROSECUTE INFORMATION Know all people by these presents that we, Z.Y. of etc. ( the prosecutor ), G.H. of etc. and I.J. of etc. hereby acknowledge ourselves to owe to A.B. of etc. ( the defendant ) the several sums following, that is to say, the said Z.Y. the sum of $ , and the said G.H. and I.J. the sum of $ each, for which payment we bind ourselves and each of us, our executors and administrators; upon condition that if the said Z.Y. shall prosecute without delay an information to be presented by him [ or her] to the said court against the said A.B., by leave of the said court granted on etc. for certain offences, and shall pay to the said A.B. such costs incurred by him [ or her] in respect of his [ or her] defence to the said charge as the court may order the said Z.Y. to pay, this obligation shall be void, but otherwise shall remain in full force. Signed, sealed, and delivered by the said Z.Y., G.H., and I.J., this day of , 19 in the presence of Q.R. Form 3 ANOTHER FORM OF SECURITY In the Supreme Court of Queensland. In the matter of an information to be presented by leave of the court by Z.Y. against A.B. pursuant to order dated etc. We, Z.Y. of etc. G.H. of etc. and I.J. of etc. hereby submit ourselves to the jurisdiction of this honourable court, and consent that if the abovenamed Z.Y. fail to prosecute without delay an information to be presented by him [ or her] to the said court against A.B. of etc. by leave of the said court granted on etc. for certain offences, or to pay to the said A.B. such costs incurred by him [ or her] in respect of his [ or her] defence to the said charge as the court may order him [ or her], the said Z.Y. to pay, judgment may be
268 Criminal Practice Rules 1900 SCHEDULE (continued) signed and execution may be issued against us, our executors and administrators, lands and tenements, goods and chattels, for a sum not exceeding $ . Signed by the said Z.Y., G.H., and I.J. the day of , 19 . Before me, Registrar [or Commissioner for affidavits]. Form 4 SUMMONS TO APPEAR TO INFORMATION (TO BE INDORSED ON OFFICE COPY FOR SERVICE) VICTORIA, by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith: To the within named A.B. We command you that within days after the service of this summons on you, inclusive of the day of such service, you do cause an appearance to the within information to be entered for you in Our Supreme Court of Queensland, at Brisbane [ or Rockhampton or Townsville], and that within the same time you plead to the said information: And take notice that in default of your so doing a plea of not guilty may be filed in your name [ in case of a misdemeanour add or judgment of conviction may, by leave of the court or a judge, be entered against you for want of a plea]. Witness: SIR SAMUEL WALKER GRIFFITH , Chief Justice of Queensland, at Brisbane, the day of , 19 . B.S., Registrar. N.B—Appearance may be entered either personally or by solicitor at the Registry of the Supreme Court at Brisbane [ or Rockhampton or Townsville].
269 Criminal Practice Rules 1900 SCHEDULE (continued) Form 5 NOTICE OF PROSECUTOR’S ADDRESS TO BE INDORSED ON INFORMATION BY PRIVATE PERSONS This information is presented by Z.Y. of ( state address and description ), whose address for service is at the same place [ or at etc. ], where any proceedings in this case may be left for him [ or her]. Form 6 AFFIDAVIT OF SERVICE OF INFORMATION In the Supreme Court of Queensland. The Queen on the prosecution of Z.Y. against A.B. I, O.P., of etc. make oath and say as follows— 1. I did on etc. at etc. serve the abovenamed A.B. with an office copy of the information presented against him [ or her] in this cause on the day of , upon which copy was endorsed a summons under the hand of the registrar and the seal of this honourable court, requiring him [ or her] to appear and plead to the said information within days after service, and also a statement of the prosecutor’s address for service. 2. A copy of the said summons and of the endorsements thereon is hereunto annexed and marked with the letter A.
270 Criminal Practice Rules 1900 SCHEDULE (continued) Form 7 RECORD FOR TRIAL In the Supreme Court of Queensland. The Queen on the prosecution of Z.Y. against A.B. ( Copy information and plea verbatim .) Form 8 NOTICE OF TRIAL Code, section 691 In the Supreme Court of Queensland. The Queen on the prosecution of Z.Y. against A.B. Take notice that the Honourable Justice C. has appointed that the trial of this information shall be held at the Supreme Court, Brisbane ( or as the case may be ), on etc. Dated etc. Z.Y. [ or A.B.] [ or W.X., solicitor for Z.Y. ( or A.B.)]. To A.B. [ or Z.Y.].
271 Criminal Practice Rules 1900 SCHEDULE (continued) Form 9 NOTICE TO ATTEND FOR SENTENCE Section 693 ( Title etc. as in form 8 ) Take notice that judgment of conviction of the offence charged against you in this cause has been entered against you by default for want of a plea, and that the Honourable Justice C. has appointed that you shall attend to receive the judgment of the court at the Supreme Courthouse in Brisbane ( or as the case may be ) on etc. : You are therefore required to attend at the time and place accordingly. Dated etc. Z.Y. [ or W.X., solicitor for Z.Y.] To A.B. Form 10 WARRANT TO ARREST ACCUSED PERSON WHO DOES NOT ATTEND TO RECEIVE SENTENCE ON JUDGMENT BY DEFAULT Section 693 ( Title etc. as in form 8 ) To all police officers in the State of Queensland. Whereas judgment of conviction of the offence charged against the abovementioned A.B. in this cause was on etc. entered against him [ or her] by default for want of a plea: And whereas the said A.B., having been duly required in that behalf, failed to attend on etc. to receive the judgment of this honourable court upon his [ or her] said conviction for the said offence: These are therefore to command you to arrest the said C.D., and bring him [ or her] before the court for sentence at a time and place to be appointed by
272 Criminal Practice Rules 1900 SCHEDULE (continued) the said court in that behalf, and in the meantime to keep him [ or her] in safe custody. Given under my hand etc. S.T., J.P. Form 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 In the Supreme Court of Queensland. The Queen on the prosecution of Z.Y. against A.B. I, O.P., of etc. make oath and say as follows— 1. I did, on the day of , personally serve Z.Y. of etc. with the judgment [ or order] made in this cause on the day of , a copy whereof and of the memorandum of taxation thereon hereunto annexed and marked A, by delivering a true copy of the said judgment [ or order] to the said Z.Y. at , and at the same time showing to the said Z.Y. a duplicate of the said judgment [ or order]. And I did, at the same time, demand of the said Z.Y.the sum of $ , the amount payable to A.B., under the said judgment [ or order]; but the said Z.Y. did not then pay the same, or any part thereof, to this deponent; nor has he, the said Z.Y., at any time since paid the same, or any part thereof to the said A.B. or to anyone on his [ or her] behalf, as I have been informed by the said A.B. and verily believe. 2. I did also, on the day of , personally serve G.H., one of
273 Criminal Practice Rules 1900 SCHEDULE (continued) the sureties of the said Z.Y. in this cause, with the said judgment [ or order], by delivering ( etc. as in paragraph (1)). 3. I did on the day of , personally serve I.J., the other surety of the said Z.Y., with the said judgment [ or order] and allocatur, by delivering ( etc. as in paragraph (1)). 4. The said sum of $ still remains unpaid. † PART 3—FORMS RELATING TO BAIL AND RECOGNISANCES Form 2 WRIT OF HABEAS CORPUS TO BRING UP PRISONER TO BE BAILED See post, part 7 , 4 Form 3 SUMMONS TO ADMIT TO BAIL ON A CRIMINAL CHARGE In the Supreme Court of Queensland. ( If an indictment or information has been presented in the court insert title of cause: otherwise insert no title .) Let all parties concerned attend etc. on the hearing of an application on behalf of A.B. that he [ or she] may be admitted to bail upon a charge of manslaughter ( or as the case may be ) upon which he [ or she] was lately committed to take his [ or her] trial [with sureties in a lesser sum than that directed by the committing justices].
274 Criminal Practice Rules 1900 SCHEDULE (continued) Form 6 NOTICE OF BAIL UPON HABEAS CORPUS Whereas the Honourable Justice C. has granted a writ of habeas corpus , directed to the superintendent of Her Majesty’s prison at B., commanding him [ or her] to have the body of A.B. before the Supreme Court of Queensland ( or as the case may be etc. recite writ ): Now take notice that, by virtue of the said writ, the said A.B. will be brought before the said court ( or as the case may be ) at the hour of in the noon on day, the day of , in order that he [ or she], the said A.B., may be admitted to bail personally to appear at the next Circuit Court at M. ( or as the case may be ), then and there to answer to all such charges as on Her Majesty’s behalf shall be then and there made against him [ or her]: And further take notice that the names and descriptions of the several persons who will offer themselves as bail for the said A.B. are ( state them ). Dated etc. X.Y., solicitor for the said A.B. To C.P., Crown solicitor, and to the principal officer of police at B. Form 8 RECOGNISANCE TO APPEAR FOR SENTENCE Code, section 650 Be it remembered that on etc. A.B. ( insert names and descriptions of the defendant and bail, if bail required ,) personally came into the Supreme Court of Queensland at Brisbane ( or as the case may be ) [ or before me, one of Her Majesty’s justices of the peace for the State of Queensland], and acknowledged to owe to our Lady the Queen the several sums following, that is to say, the said A.B., the sum of $ , and the said and the sum of $ each Australian money, to be levied of their goods and chattels, lands and tenements, respectively, to the use of our
275 Criminal Practice Rules 1900 SCHEDULE (continued) said Lady the Queen, Her Heirs and Successors; upon condition that if he [ or she], the said A.B., shall personally appear in the said Supreme Court of Queensland at Brisbane ( or as the case may be ) on the day of next, [ or whenever he [ or she] shall be thereunto required], in order to receive the sentence of the said court for certain crimes [ or misdemeanours] whereof by a jury [ or by his [ or her] own confession] he [ or she] was this day [ or on the day of ] convicted, and so from day to day, and not depart that court without leave, then this recognisance shall be void, but otherwise shall remain in full force. Taken etc. Form 9 NOTICE TO DEFENDANT ON RECOGNISANCE TO APPEAR FOR SENTENCE In the Supreme Court of Queensland. ( or as the case may be .) The Queen against A.B. Take notice, that this honourable court will be moved on day, the day of , or so soon thereafter as counsel can be heard, for the judgment of the said court against the abovenamed A.B. for certain crimes [ or misdemeanours] whereof by a jury [ or by his [ or her] own confession] he [ or she] was convicted on the day of : And that he [ or she], the said A.B., is hereby required personally to attend the said court in order to receive judgment as aforesaid: And that, in case the said A.B. does not then attend, the said court will be moved that his [ or her] default may be recorded, and that the recognisance of the said A.B. and of his [ or her] bail, entered into on etc. may be estreated.
276 Criminal Practice Rules 1900 SCHEDULE (continued) Dated etc. X.Y., Crown solicitor [ or Solicitor for the prosecutor]. To the abovenamed A.B.; and also to G.H. and I.J., his [ or her] bail. † PART 4—FORMS RELATING TO PROCEEDINGS IN ERROR Form 1 MEMORANDUM OF APPEAL IN ERROR UPON JUDGMENT OF SUPREME COURT OR CIRCUIT COURT In the Supreme Court of Queensland. The Queen [on the prosecution of Z.Y.] against A.B. The abovenamed A.B. alleges that there is a manifest error in the record and proceedings in this cause wherein he [ or she] was convicted before this honourable court [ or before the Circuit Court at T.] on etc. of certain crimes [ or misdemeanours], and desires to appeal to this honourable court against the judgment pronounced against him [ or her] herein. Dated etc. ( To be signed by the convicted person or his [ or her ] solicitor. ) Let this memorandum be filed. A.R. Attorney-General.
277 Criminal Practice Rules 1900 SCHEDULE (continued) Form 2 RECORD OF PROCEEDINGS Copy of indictment or information, with copies of entries of plea, verdict or judgment, as in preceding forms (part 1), giving dates of each entry by inserting before it ‘The day of ’. Form 3 WRIT OF ERROR TO INFERIOR COURT VICTORIA etc. To G. W. P. judge of the District Court, holden at T. ( or as the case may be ): Greeting: Whereas it hath been represented to us in our Supreme Court of Queensland that there is manifest error in the record and proceedings, and also in the giving of judgment, on a certain indictment presented against A.B. at the District Court holden at T. on day the day of before you for certain crimes [ or misdemeanours] whereof the said A.B. was accused before the said court and was thereupon convicted by a jury [ or on his [ or her] own confession]: We, being willing that the said error, if any there be, should in due manner be corrected, and full and speedy justice done to the said A.B. in this behalf, hereby command you that you do send to us forthwith in our Supreme Court of Queensland at Brisbane, under your hand and seal, the record and proceedings aforesaid, with all things touching the same, together with this writ, so that, the record and proceedings aforesaid being examined, We may cause further to be done thereupon for correcting that error what of right and according to the law of our State of Queensland ought to be done. Witness ( etc. as in case of a writ of summons ).
278 Criminal Practice Rules 1900 SCHEDULE (continued) Let this writ issue. A.R., Attorney-General. Form 4 RETURN TO WRIT OF ERROR Indorse the writ thus: The execution of this writ appears by the schedule hereunto annexed. The answer of G.W.P., the Judge of the District Court within mentioned. ( To be signed and sealed by the judge .) SCHEDULE ( Copy of the record of the proceedings in the District Court, made up as directed in form 2, under the hand of the registrar and seal of the District Court .) Form 5 NOTICE OF FILING RECORD In the Supreme Court of Queensland. The Queen [on the prosecution of Z.Y.] against A.B. Take notice that a record of the proceedings in this cause has been drawn up and filed in pursuance of the memorandum of appeal in error filed on etc. [ or has been filed in this court in pursuance of the writ of error issued
279 Criminal Practice Rules 1900 SCHEDULE (continued) on etc. ] Dated etc. To A.B. and to W.X., his [ or her] solicitor. B.S. Registrar Form 6 STATEMENT OF ERRORS ( Title etc. as in form 5 ) The day of , 19 . The abovenamed A.B. in his [ or her] own proper person [ or by W.X., his [ or her] solicitor,] says that in the record and proceedings in this cause, and also in the giving of judgment against the said A.B. herein, there is manifest error in this, to wit: (1) That ( here set out the first alleged error ). (2) That ( set out the second alleged error, and so on, specifying all the assignments of error; and lastly, as general assignments, may be added as follows ): (3) That the indictment [ or information] and proceedings therein are not sufficient in law to warrant the said judgment so given against the said A.B. (4) That the judgment aforesaid is given for Our Lady the Queen: Whereas the said judgment by the law of this State ought to have been given against our said Lady the Queen and for the said A.B. Whereupon the said A.B. prays that the judgment aforesaid, for the said errors and other errors appearing in the record and proceedings aforesaid, may be reversed and annulled, and that he [ or she] may be restored to all
280 Criminal Practice Rules 1900 SCHEDULE (continued) things which by reason of the judgment and proceedings aforesaid he [ or she] has lost. A.B. [ or W.X., solicitor for A.B.] Form 7 NOTICE TO JOIN IN ERROR ( To be indorsed on copy statement of errors served ) The Attorney-General [ or the within named Z.Y.] is required to file a joinder in error upon the within statement within 8 days. Form 8 JOINDER IN ERROR ( Title as in statement of errors ) The day of , 19 . The Attorney-General [ or Z.Y.] denies that there is any error in the record and proceedings in this cause, or in the judgment given herein. Form 9 ENTRY OF JUDGMENT OF AFFIRMANCE ON WRIT OF ERROR Copy of record and statement of errors and joinder, and proceed as follows: Whereupon, on the day of , 19 , this court, having examined and considered as well the record and proceedings aforesaid, and the judgment thereon given as aforesaid, as the matters above assigned and
281 Criminal Practice Rules 1900 SCHEDULE (continued) alleged for error, it appears to the court that neither in the record and proceedings, nor in giving the judgment, is there any error: Therefore it is adjudged by the court that the said judgment be affirmed. Form 10 ENTRY OF REVERSAL OF JUDGMENT ON WRIT OF ERROR The same as form 9, to the words ‘alleged for error’: then proceed: it appears to the court that in the record and proceedings, and also in giving the judgment, there is manifest error: Therefore it is adjudged by the court that the judgment aforesaid for the errors aforesaid [and for other errors, appearing on the record and proceedings] be reversed and annulled, and that the said C.D. be restored to all things which by reason of the judgment aforesaid he [ or she] has lost, and that he [ or she] do go free from the said charge. ( If the judgment of the court below is amended, vary this form accordingly .) Form 11 ENTRY OF JUDGMENT WHEN NO JOINDER IN ERROR IS FILED The same as form 9 to end of copy of statement of errors: then proceed. And the Attorney-General [ or the abovenamed A.B.], being duly required in that behalf, hath not filed any joinder in error upon the statement of errors aforesaid: Whereupon ( etc. as in form 9 or 10 ).
282 Criminal Practice Rules 1900 SCHEDULE (continued) Form 12 AFFIDAVIT FOR HABEAS CORPUS TO ASSIGN ERRORS In the Supreme Court of Queensland. I, O.P., of etc. make oath and say as follows— 1. At ( state the court ) held at on etc. A.B. was convicted upon an indictment [ or information] against him [ or her] for ( state offence ), and sentenced by the said court to be imprisoned for ( state sentence ). 2. A memorandum of appeal in error has been filed [ or A writ of error has been issued] in respect of the said conviction and sentence, and the record of the proceedings was filed in this honourable court on etc. whereof the said A.B. received notice on etc. 3. The said A.B. is now in custody of the superintendent of the prison at B., and desires to deliver his [ or her] statement of errors in person. Form 13 RECOGNISANCE TO PROSECUTE PROCEEDINGS IN ERROR Be it remembered that on etc. A.B. of etc. G.H. of etc. and I.J. of etc. personally came before me, the undersigned, one of Her Majesty’s justices of the peace for the State of Queensland ( or as the case may be ), and severally acknowledged themselves to owe to our Lady the Queen the several sums following, that is to say, the said A.B. the sum of $ , and the said G.H. and the said I.J. the sum of $ each, Australian money, to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Lady the Queen, Her Heirs and Successors; upon condition that the said A.B. shall prosecute without delay the proceedings upon a memorandum of appeal in error lately filed by him [ or her] [ or upon a writ of error lately issued] to reverse the judgment given against the said A.B. at the Circuit Court at T. on etc. ( or as the case may be ) upon an indictment [ or information] for certain crimes [ or misdemeanours], and shall render himself [ or herself] in execution in case
283 Criminal Practice Rules 1900 SCHEDULE (continued) the said judgment shall not be reversed, then this recognisance shall be void but otherwise shall remain in full force. Taken etc. † PART 5—FORMS RELATING TO ARTICLES OF THE PEACE Form 1 AFFIDAVIT IN SUPPORT OF APPLICATION FOR LEAVE TO FILE ARTICLES In the Supreme Court of Queensland. I. A.B., of etc. make oath and say as follows— ( Set out the facts showing that the applicant has good reason to seek the assistance of the court .) Form 2 ORDER FOR LEAVE TO FILE ARTICLES In the Supreme Court of Queensland. The Queen on the complaint of A.B. against C.D. The day of , 19 . Upon the motion of X., of counsel for A.B. of etc. and upon reading the affidavit of the said A.B. filed etc. and ( etc. set out the other evidence (if
284 Criminal Practice Rules 1900 SCHEDULE (continued) any) ): The court doth order that the said A.B. shall be at liberty to file articles of the peace against C.D. of etc. By the court, B.S., Registrar. Form 3 ARTICLES OF THE PEACE In the Supreme Court of Queensland. The Queen on the complaint of A.B. against C.D. Articles of the peace filed by A.B., of etc. The day of , 19 . 1. The complainant is a member of the Legislative Assembly of Queensland ( or as the case may be ). The abovenamed C.D. is etc. 2. On etc. the said C.D. threatened to the complainant [ or to one E.F.] that he [ or she] would assault the complainant if he [ or she] the said complainant did not ( etc. state the nature of the threat or other language used by the defendant ). 3. The complainant is in fear of the said C.D., and desires that the said C.D. may be required to find sufficient sureties to keep the peace towards him [ or her]. ( Affidavit in verification ) I, the within named A.B. make oath and say that so much of the statements in the annexed articles of the peace as relates to myself and my own acts is true, and so much thereof as relates to any other person or to the acts of any other person is true to the best of knowledge and belief.
285 Criminal Practice Rules 1900 SCHEDULE (continued) Signed and sworn etc. ( To be indorsed ) Filed in pursuance of order of court dated etc. These articles are filed by ( etc. as in case of writ of summons ). Form 4 ORDER FOR SECURITY ( Title etc. as in form 2) Upon reading the articles of the peace filed in this matter on etc. and the rule made herein on etc. and upon hearing X. of counsel for the abovenamed complainant, and Y. of counsel for the abovenamed C.D., and upon reading ( reciteevidence ) [ or and no cause being shown on behalf of the abovenamed C.D., and upon reading an affidavit of O.P. filed etc. of service of the said rule on the said C.D.]. This court doth order that the said C.D. shall, within days from the service of this order on him [ or her] [ or his [ or her] solicitor], give security by recognisance ( or as the case may be ) in the sum of $ , with [2] sureties in the sum of $ each, conditioned that he [ or she] the said C.D. will keep the peace towards the said A.B. [ or towards E.F. of etc. in the said articles mentioned] for the period of 1 year ( or as the case may be ) [and that until such security shall be given, the said C.D. shall stand committed to Her Majesty’s prison at B.]. By the court, B.S., Registrar.
286 Criminal Practice Rules 1900 SCHEDULE (continued) Form 5 RECOGNISANCE TO KEEP THE PEACE Be it remembered etc. as in part 3 , form 8, to ‘Successors’ then proceed: upon condition that if the said C.D. shall, for the space of years, to be computed from and after the day keep the peace towards Her Majesty the Queen and Her people, and especially towards A.B. [or E.F.], of etc. then this recognisance shall be void, but otherwise shall remain in full force. Taken etc. Form 6 WARRANT OF COMMITTAL IN FIRST INSTANCE OR IN DEFAULT OF SECURITY To the sheriff of Queensland and all police officers of the State of Queensland. Whereas by an order of the Supreme Court of Queensland, dated etc. it was ordered that C.D. of etc. should within days after service of the said order upon him [ or her] give security ( etc. recite order ), and that until such security should be given he [ or she] should stand committed to Her Majesty’s prison at B. [ or and whereas, the said C.D. having made default in giving such security, the said court ( or the Honourable Justice C.) has ordered that the said C.D. shall be committed to Her Majesty’s prison at B. until he [ or she] shall have given such security]: These are therefore to command you forthwith to arrest the said C.D., and to take him [ or her] to Her Majesty’s said prison: and the superintendent of the said prison is hereby commanded to receive him [ or her] and detain him [ or her] therein until he [ or she] shall have given such security. Given under my hand this day , 19 . B.S., Registrar.
287 Criminal Practice Rules 1900 SCHEDULE (continued) † PART 6—FORMS RELATING TO CERTIORARI TO INFERIOR COURTS Form 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 PROCEEDING PURSUANT TO ORDER 12, RULE 4 To G.W.P., Judge of the District Court holden at Queensland ( or as the case may be ): in the State of Take notice that the Supreme Court of Queensland will be moved on the day of , or so soon thereafter as counsel can be heard [ or that application will be made to the Honourable Justice C. in chambers on the day at the hour of in the noon], on behalf of A.B., of etc. , for a writ of certiorari to remove into the said court a certain judgment [ or order or conviction ( or as the case may be )] ( state the name of the judge or other authority by whom the judgment, order, conviction, or other proceeding intended to be removed, was made, and when and where it was made, concisely describing it ). Dated etc. ( To be signed by the intending applicant or his [ or her ] solicitor, stating himself [ or herself ] to be such solicitor .)
288 Criminal Practice Rules 1900 SCHEDULE (continued) Form 2 AFFIDAVIT OF SERVICE OF NOTICE OF APPLICATION FOR CERTIORARI FOR JUDGMENT, ORDER, CONVICTION, OR OTHER PROCEEDING In the Supreme Court of Queensland. I, O.P., of etc. make oath and say as follows— 1. I did, on the day of , serve A.C., the registrar of the District Court holden at T. [ or S.T. justice of the peace ( or other inferior authority, as the case may be )], with a notice a copy whereof is hereunto annexed marked A., by delivering the said notice to him [ or her] at , in the said State [ or, when the service is not personal , by delivering the said notice to and leaving the same with Q.R., his [ or her] clerk ( or servant or as the case may be ) at his [ or her] office ( or residence) at , in the said State]. [ In the case of justices or other inferior authority 2. The said S.T. was present when the proceedings on which the judgment ( or order or conviction ( or as the case may be )) mentioned in the said notice was founded were heard, and was the justice ( or 1 of the justices ( or as the case may be )) by and before whom the said judgment ( or order or conviction ( or as the case may be )) mentioned in the said notice was made.] Form 3 ORDER FOR CERTIORARI In the Supreme Court of Queensland. The Queen [on the prosecution of A.B.] against the Judge of the District Court at T. [ or the justices at B. ( or as the case may be )]. Upon hearing X., of counsel for A.B., and upon reading etc. I do order that a writ of certiorari issue to remove into this court an indictment presented in the said court on etc. against the said A.B. for certain crimes [or misdemeanours] [ or a certain judgment ( or etc. as in form 1)]
289 Criminal Practice Rules 1900 SCHEDULE (continued) Form 4 RECOGNISANCE FOR COSTS ON REMOVAL OF INDICTMENT Be it remembered etc. as in part 3, form 1, to ‘Successors’: then proceed: upon condition that if, on the return of a writ of certiorari now about to be issued out of the Supreme Court of Queensland, directed to the Judge of the District Court holden at T., to bring up an indictment lately presented in that court against the said A.B., he [ or she] the said A.B. shall personally appear in open court to the said indictment at the next criminal sittings of the Supreme Court at Brisbane [ or Rockhampton or Townsville], or at the sittings of such other court, and at such time and place, as the said Supreme Court or a judge thereof may direct, and there and then answer the said indictment, and shall personally attend from day to day on the trial of the said indictment, and not depart until he [ or she] shall be discharged by the court, and shall pay the costs of the prosecution subsequent to the removal of the said indictment if he [ or she] shall be convicted, then this recognisance shall be void, but otherwise shall remain in full force. Taken etc. Form 5 SECURITY TO PROSECUTE CERTIORARI FOR JUDGMENT, ORDER, CONVICTION OR OTHER PROCEEDING ( Title as in form 3 ) We, M.N. of etc. and O.P. of etc. hereby submit ourselves to the jurisdiction of this honourable court, and consent that, if the abovenamed A.B. shall not prosecute with effect, without delay, and at his [ or her] own proper costs and charges, a writ of certiorari to be issued out of this honourable court to remove into the said court ( insert description of proceedings as in order for certiorari ), or shall fail to pay to C.D. ( the person in whose favour the judgment, conviction, or order, was given or made ) within 10 days in the event of the said judgment [ or conviction or
290 Criminal Practice Rules 1900 SCHEDULE (continued) order] being confirmed in the said court, such costs (if any) as the said court shall order him [ or her] to pay, judgment may be signed, and execution may be issued, against us, our executors and administrators, lands and tenements, goods and chattels, for a sum not exceeding $100. ( Signatures of sureties .) ( To be signed before the registrar or a commissioner for affidavits .) Form 6 SECURITY BY RECOGNISANCE IN LIKE CASE Be it remembered etc. as in part 3, form 1 to ‘Successors’: then proceed: upon condition that if the said A.B. shall prosecute with effect, without delay, and at his [ or her] own proper costs and charges, a writ of certiorari ( etc. as in form 5 ), and shall pay to C.D. ( etc. as in form 5 to ‘as the said court shall order him [ or her] to pay’), then this obligation shall be void, but otherwise shall remain in full force. Form 7 WRIT OF CERTIORARI TO JUDGE OF DISTRICT COURT In the Supreme Court of Queensland The Queen [on the prosecution of A.B.] against The Judge of the District Court holden at T. VICTORIA etc. To the Judge of the District Court holden at T. Greeting:
291 Criminal Practice Rules 1900 SCHEDULE (continued) We, willing for certain causes to be certified of the proceedings upon an indictment lately presented in the District Court holden at T. before you against A.B., for that he [ or she] ( state charge as in indictment ), command you that you send to us forthwith in our Supreme Court of Queensland, under your hand and seal, the said indictment with all things touching the same, as fully and entirely as the same remain in the said court before you, by whatsoever names the parties may be called therein, together with this writ, that We may cause further to be done thereupon what of right we shall see fit to be done. Witness etc. This writ was issued by ( etc. as in the case of a writ of summons ). ( To be indorsed ) By order of the court [ or of the Honourable Justice C.]. Form 8 WRIT OF CERTIORARI TO MAGISTRATES COURT ( Title etc. as in form 3) VICTORIA etc. To S.T. [U.V., and W.X., and to every of them], a justice justices] of the peace for our State of Queensland: [ or Greeting: We, being willing for certain reasons to be certified of a conviction [ or an order ( or as the case may be )] lately made by you in the Magistrates Court ( or as the case may be ) at B. in our said State, upon the complaint of one C.D. against A.B., command you and every of you that you or 1 of you do send to us forthwith in our Supreme Court of Queensland at Brisbane [ or Rockhampton or Townsville] under your hands and seals, or the hand and seal of 1 of you, the said conviction [ or order (or as the case may be )], with all things touching the same, as fully and entirely as the same remain in the said court before you, together with this writ, that we may cause
292 Criminal Practice Rules 1900 SCHEDULE (continued) further to be done thereupon what of right we shall see fit to be done. Witness etc. This writ was issued ( etc. as in form 1). Form 9 PRAECIPE FOR WRIT OF CERTIORARI ( Title etc. as in writ ) Seal, in pursuance of order dated etc. writ of certiorari directed to etc. to bring up ( describe proceedings to be brought up ). Dated etc. ( To be signed by the prosecutor or his [ or her ] solicitor .) Form 10 RETURN TO WRIT OF CERTIORARI Indorse the writ thus — The execution of this writ appears by the schedule hereunto annexed. The answer of G.W.P., the Judge of the District Court [ or 1 of the justices] within mentioned. ( To be signed and sealed by the person or persons to whom the writ is addressed or 1 of them .) SCHEDULE. ( The documents to be returned are to be annexed .)
293 Criminal Practice Rules 1900 SCHEDULE (continued) Form 11 MEMORANDUM PURSUANT TO ORDER 12, RULE 9, THAT SECURITY NOT REQUIRED The court having ordered that the within mentioned conviction [ or order] be quashed when returned, no security is required. B.S., Registrar. Form 12 WRIT OF SUPERSEDEAS TO CERTIORARI AND PROCEDENDO TO CARRY BACK INDICTMENT ( Title etc. as in writ of certiorari ) VICTORIA etc. To ( the same as in the certiorari ). Greeting: Whereas by our writ we lately commanded you, for certain reasons, that you should forthwith send under your hand and seal [ or the hand and seal of 1 of you] before us in our Supreme Court of Queensland, at Brisbane [ or Rockhampton or Townsville] ( etc. recite the certiorari ): We now, for certain reasons, command you that you do wholly supersede whatever is to be done concerning the execution of that our said writ: And that you proceed to the determination of the matters referred to in our said writ with that expedition which to you shall seem right, notwithstanding our writ so sent to you as aforesaid. Witness etc. This writ was issued etc. ( as in form 7). ( To be indorsed as in form 7 )
294 Criminal Practice Rules 1900 SCHEDULE (continued) Form 13 PRAECIPE FOR WRIT OF SUPERSEDEAS AND PROCEDENDO ( Title etc. as in writ of certiorari ) Seal, in pursuance of order dated etc. a writ of supersedeas and procedendo directed to etc. to proceed notwithstanding writ of certiorari dated etc. Dated etc. ( To be signed by the successful party below or his [ or her ] solicitor .) † PART 7—FORMS RELATING TO HABEAS CORPUS IN CRIMINAL CASES Form 1 AFFIDAVIT TO FOUND APPLICATION FOR WRIT OF HABEAS CORPUS TO BRING UP A PERSON UNDER COMMITMENT In the Supreme Court of Queensland. ( Title of cause if the order is made in a cause; If not made in a cause entitle the order ‘Ex parte A.B.’) I, O.P., of etc. make oath and say as follows— 1. I was present at Her Majesty’s prison at B., in the State of Queensland on the day of , and there saw S.T., the superintendent [ or officer in charge] of the said prison, sign the certificate written at the foot of the copy of the commitment of A.B., hereunto annexed, marked A.; and the name S.T. set and subscribed thereto is of the proper handwriting of the said S.T.
295 Criminal Practice Rules 1900 SCHEDULE (continued) Form 2 SUPERINTENDENT’S CERTIFICATE OF COPY OF COMMITMENT I certify that the above is a true copy of the warrant by virtue of which A.B. is detained in my custody [and that the said A.B. is not detained for any other cause]. S.T., Superintendent [ or Officer in charge] of H.M. prison at B. Form 3 ORDER FOR WRIT OF HABEAS CORPUS In the Supreme Court of Queensland. ( Title as in form 2) Upon hearing etc. and upon reading etc. I do order that a writ of habeas corpus be issued, directed to S.T., to have the body of A.B. before the court [ or before the Honourable Justice C. ( or a judge) in chambers], at the Supreme Courthouse, Brisbane, [ or Rockhampton or Townsville], forthwith [ or on day the day of at o’clock in the noon], to undergo and receive ( etc. or as the case may be ). Form 4 WRIT OF HABEAS CORPUS AD SUBJICIENDUM In the Supreme Court of Queensland. [ Name of judge ] ( Title of cause ( if any )) VICTORIA etc.
296 Criminal Practice Rules 1900 SCHEDULE (continued) To : Greeting: We command you that you have before our Supreme Court of Queensland [ or before the Honourable Justice C. ( or a judge) in chambers], at the Supreme Courthouse, Brisbane [ or Rockhampton or Townsville], immediately after the receipt of this our writ [ or on day the day of at o’clock in the noon], the body of A.B., being taken and detained under your custody, as is said, together with the day and cause of his [ or her] being taken and detained, by whatsoever name he [ or she] may be called therein, to undergo and receive all and singular such matters and things as our said court [ or judge] shall then and there consider of and concerning him [ or her] in this behalf: and have you there then this writ. Witness etc. This writ was issued by ( etc. as in the case of a writ of summons ). ( To be indorsed ) By order of the court [ or of Justice C.] Form 5 NOTICE TO BE SERVED WITH WRIT OF HABEAS CORPUS AD SUBJICIENDUM In the Supreme Court of Queensland. ( Title as in writ ( if any )) Whereas this court [ or the Honourable Justice C.] has granted a writ of habeas corpus directed to [ or other person having the custody of A.B.], commanding him [ or her] to have the body of A.B. before the said court [ or before Justice C. ( or a judge) in chambers] at the Supreme Courthouse, Brisbane [ or Rockhampton or Townsville], immediately [ or on day the day of at o’clock in the noon], to undergo ( etc. as in writ):
297 Criminal Practice Rules 1900 SCHEDULE (continued) Now take notice that you are hereby required to have the body of the said A.B. before the said court [ or before the said judge as aforesaid] forthwith [ or on the day of , at the hour of in the noon], and then and there to make a return to the said writ; or in default thereof, the said court will then, or so soon after as counsel can be heard, be moved for an attachment against you for your contempt in not obeying the said writ. Dated etc. ( To be signed by the solicitor for the person applying for the writ .) To ( the persons to whom the writ is directed, and any other person upon whom it may be deemed necessary to serve the writ ). Form 6 NOTICE OF HAVING OBTAINED WRIT OF HABEAS CORPUS AD SUBJICIENDUM ON AN INFORMAL OR ILLEGAL COMMITMENT In the Supreme Court of Queensland. ( Recite the granting of the writ as in form 5 , then say— ) Now take notice, that by virtue of the said writ, the said A.B. will be brought before the said court [ or before a judge in chambers] at the Supreme Court, Brisbane [ or Rockhampton or Townsville], on the day of , at o’clock, in the noon, in order that he [ or she], the said A.B., may be discharged out of custody as to the commitment by which he [ or she] is now detained in the custody of the said gaoler. Dated etc. ( To be signed by the solicitor for the prisoner .) To S.T. and U.V., the committing magistrates, and to C.D., the complainant.
298 Criminal Practice Rules 1900 SCHEDULE (continued) Form 7 AFFIDAVIT OF SERVICE OF WRIT OF HABEAS CORPUS AD SUBJICIENDUM ( Title as in writ ( if any )) I, G.H., of etc. make oath and say as follows— 1. I did, on the day of at , in the State of Queensland, serve C.D. with a writ of habeas corpus issued out of and under the seal of this honourable court, directed to the said C.D., by delivering such writ of habeas corpus to the said C.D. personally ( or as the case may be ). 2. The paper writing annexed to this my affidavit, and marked A, is a true copy of the said writ. 3. I did at the same time serve the said C.D. with notice, a copy whereof is hereunto annexed marked B, by etc. Form 8 RETURN TO WRIT OF HABEAS CORPUS AD SUBJICIENDUM Indorse the writ thus — In obedience to the within writ I have the body of the within named A.B. herein court to be further dealt with according to law. If the person brought up is in custody, add: The said A.B. was received into my custody on etc. by virtue of a warrant ( or as the case may be ), a copy whereof is hereunto annexed, marked A. The answer of S.T., superintendent of Her Majesty’s prison at B. within mentioned. ( To be signed and sealed by the person to whom the writ is addressed .) ( memorandum and indorsements as in form 4)
299 Criminal Practice Rules 1900 SCHEDULE (continued) Form 9 AFFIDAVIT OF NO RETURN TO WRIT OF HABEAS CORPUS ( Title as in writ ( if any )) I, O.P., of etc. make oath and say as follows— 1. I did on the day of search in the registry of this honourable court for a return to a writ of habeas corpus, lately issued out of and under the seal of the court, directed to commanding him [ or her] to have the body of before this court immediately, to undergo ( etc. as the case may be ) but no return was then filed or made to the same. 2. The said believe. has not in any manner obeyed the said writ, as I verily Form 10 WRIT OF HABEAS CORPUS TO DELIVER In the Supreme Court of Queensland. VICTORIA etc. To the superintendent of Our prison at R.: Greeting: We command you that you deliver the body of A.B., committed and detained in our prison under your custody, to the superintendent of our prison at B., and that you certify to our said lastmentioned superintendent the cause of his [ or her] taking and detainer, that our said lastmentioned superintendent may cause him [ or her] to be detained in our prison at B., according to the tenor of our writ directed to him [ or her] for that purpose, to remain in the same lastmentioned prison until he [ or she] shall be from thence delivered by due course of law. Witness etc. ( memorandum and indorsements as in form 4)
300 Criminal Practice Rules 1900 SCHEDULE (continued) Form 11 WRIT OF HABEAS CORPUS TO RECEIVE In the Supreme Court of Queensland. VICTORIA etc. To the superintendent of Our prison at B: Greeting: Whereas we, being willing that the body of A.B., now in our prison under the custody of the superintendent of our prison at R., should, for certain reasons, be forthwith conveyed from thence to you, have lately commanded by our writ the said superintendent of our prison at R. that he [ or she] should without delay deliver the said A.B. into your custody, and certify to you the cause of his [ or her] taking and detainer: We therefore command you that you receive the said A.B. from the said superintendent of our said prison at R., and cause him [ or her] to be detained in our said prison at B. under safe custody, until he [ or she] shall be from thence delivered by due course of law. Witness etc. ( memorandum and indorsements as in form 4) Form 12 WRIT OF HABEAS CORPUS TO BRING A PRISONER BEFORE JUSTICES TO ANSWER A CHARGE In the Supreme Court of Queensland. VICTORIA etc. To the superintendent of Our prison at B: Greeting: We command you that you have before some 1 or more of our justices of the peace for our State of Queensland, who may be in attendance on
301 Criminal Practice Rules 1900 SCHEDULE (continued) day, the day of at the hour of in the noon, at , the body of A.B., being committed and detained in our prison under your custody, as is said, by whatsoever name he [ or she] may be called, then and there to answer to a charge of (state the charge briefly) to be then and there made against him [ or her], and so from day to day until he [ or she] shall have answered the said charge, and to be dealt with according to law: and have you then there this writ. Witness etc. ( memorandum and indorsements as in form 4) Form 13 WRIT OF HABEAS CORPUS TO BRING UP A PRISONER TO PLEA TO AN INDICTMENT OR INFORMATION, OR FOR TRIAL, OR TO DELIVER STATEMENT OF ERRORS In the Supreme Court of Queensland. VICTORIA etc. To the superintendent of Our prison at B: Greeting: We command you that you have before ( describe the court ) at , on day, the day of , at the hour of in the noon, the body of A.B., being committed and detained in our prison under your custody, as is said, by whatsoever name he [ or she] may be called, then and there to answer to [ or to take his [ or her] trial upon] an indictment [ or information] [to be] presented against him [ or her] in the said court for etc. and so from day to day until he [ or she] shall have answered as aforesaid [ or taken his [ or her] trial as aforesaid], [ or then and there to deliver his [ or her] statement of alleged errors in the judgment and conviction under which he [ or she] is so committed and detained], and to be further dealt with according to law: and have you then there this writ. Witness etc.
302 Criminal Practice Rules 1900 SCHEDULE (continued) † PART 8—FORMS RELATING TO APPEALS FROM JUSTICES Form 8 NOTICE OF APPEAL TO A JUDGE OF A DISTRICT COURT ( Justices Act 1886 , section 222) In the Magistrates Court at [Brisbane] in the State of Queensland. Between A.B., Complainant, and C.D., Defendant. I, the abovenamed defendant (or complainant), hereby give you notice that I appeal to a judge of a District Court under the provisions of the Justices Act 1886, section 222 against the order made on the day of , 19 , at aforesaid, by (stipendiary magistrate or [2] of Her Majesty’s justices of the peace for the said State) whereby (set out terms of order). [On the day of , 19 , I obtained the leave of the Honourable Judge ( space for name ) to appeal under the said section.] The grounds of my appeal are as follows— Dated at [Brisbane] in the said State this day of , 19 . Signature of appellant or his [ or her] solicitor or authorised agent. To: A.B. (or C.D.) of [Brisbane] in the said State and to the clerk of the court at aforesaid.
303 Criminal Practice Rules 1900 SCHEDULE (continued) Form 9 RECOGNISANCE ON APPEAL TO A JUDGE OF A DISTRICT COURT ( Justices Act 1886, section 222) Queensland: [Brisbane] to wit. Be it remembered that on the day of , C.D., of in the said State (state description) and M.N., of , in the said State (state description) personally came before the undersigned one of Her Majesty’s justices of the peace for the said State, and severally acknowledged themselves to owe to our Sovereign Lady the Queen the several sums following, that is to say, the said C.D. the sum of $ , and the said M.N. the sum of $ , to be made and levied of their several goods and chattels, lands and tenements, respectively, to the use of our said Lady the Queen, her heirs and successors, if the said C.D. shall fail in the condition indorsed. Taken and acknowledged before me the day and year first abovementioned at , in the said State. J.P. Condition. Whereas the said C.D. was on the day of , at , convicted before (a stipendiary magistrate or [2] of Her Majesty’s justices of the peace for the said State) of an offence against the provisions of the section of the Act (or as the case may be, describing the Act or local law under which the offence is created), and it was by the said conviction adjudged that the said C.D. should for such offence forfeit and pay etc. (recite conviction), and should also pay to the said A.B. the sum of $ for costs; [or whereas on the day of , 19 , at , upon the hearing of a complaint made by A.B., of , against C.D., of , a stipendiary magistrate (or (2) of Her Majesty’s justices of the peace for the said State) adjudged that the said C.D. should pay to the said A.B. the sum of $ , on or before the day of then next, and should also pay to the said A.B., the sum of $ for costs, (or that the said complaint should be dismissed, and that the said A.B.
304 Criminal Practice Rules 1900 SCHEDULE (continued) should pay to the said C.D. the sum of $ for costs)]: And whereas the said C.D. has given notice of appeal from the said conviction [or order] to a judge of a District Court: Now, the condition of the within-written recognisance is such that if the said C.D. shall prosecute the said appeal without delay and submit to the judgment of the said judge, and pay such costs as the said judge shall award; [if in custody add and further shall appear before us or some other justices or justice, at the courthouse at , within days after the said judgment is given, to abide such judgment, unless the decision appealed against is reversed]; then this recognisance shall be void, but otherwise shall remain in full force and virtue. † PART 9—FORMS RELATING TO SUBPOENAS Form 1 SUBPOENA AD TESTIFICANDUM AFTER INDICTMENT OR INFORMATION PRESENTED In the Supreme Court of Queensland. [ or as the case may b e] The Queen against A.B ELIZABETH THE SECOND etc. To [ the names of any number of witnesses may be inserted ]. Greeting: We command you to attend before [ describe the court ] at on the day of 19 , at the hour of in the noon, and so from day to day until this cause is tried, to give evidence on our behalf [ or on behalf of the accused person ( or persons) ( or of the defendant (or defendants))]. Witness etc.
305 Criminal Practice Rules 1900 SCHEDULE (continued) Form 2 SUBPOENA DUCES TECUM AFTER INDICTMENT OR INFORMATION PRESENTED ( Title etc. as in form 1) ELIZABETH THE SECOND etc. To [ the names of not more than 3 witnesses may be inserted ]. Greeting: We command you to attend before [describe the court] at on the day of 19 , at the hour of in the noon, and so from day to day until this cause is tried, to give evidence on our behalf [ or on behalf of the accused person ( or persons) ( or of the defendant ( or defendants))]: and also to bring with you and produce at the time and place aforesaid [ specify documents to be produced ]. Witness etc. Form 3 SUBPOENA AD TESTIFICANDUM AFTER COMMITTAL BUT BEFORE INDICTMENT In the Supreme Court of Queensland. ELIZABETH THE SECOND etc. To [ the names of any number of witnesses may be inserted ]. Greeting: We command you to attend before [ describe the Court ] at on the day of 19 , to give evidence on our behalf against one A.B. [ or to give evidence on behalf of one A.B.] on a charge to be then and there preferred against him [ or her] of stealing ( or as the case may be ), and so from day to
306 Criminal Practice Rules 1900 SCHEDULE (continued) day until the said charge is tried. Witness etc. Form 4 SUBPOENA DUCES TECUM AFTER COMMITTAL BUT BEFORE INDICTMENT ( Title etc. as in form 3) ELIZABETH THE SECOND etc. To [ the names of not more than 3 witnesses may be inserted ]. We command you to attend before [ describe the court ] at on the day of , 19 , to give evidence on our behalf against one A.B. [ or to give evidence on behalf of one A.B.] on a charge to be then and there preferred against him [ or her] of stealing ( or as the case may be ), and so from day to day until the said charge is tried: and also to bring with you and produce at the time and place aforesaid [ specify documents to be produced ]. Witness etc. Form 5 PRAECIPE FOR SUBPOENA In the Supreme Court of Queensland. [ or as the case may be ]. The Queen against A.B. ELIZABETH THE SECOND etc. Seal a writ of subpoena ad testificandum [ or duces tecum directed to
307 Criminal Practice Rules 1900 SCHEDULE (continued) M.N.] returnable at the Supreme Court at Brisbane ( or as the case may be ), on . Dated etc. [ To be signed by the solicitor for the Crown or by the accused person or his [ or her ] solicitor .] † PART 9—FORMS UNDER CRIMINAL APPEAL RULES Form 1 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . A.B. (APPELLANT) JUDGE’S CERTIFICATE Whereas in the Supreme or Circuit or District Court holden at A.B. was tried and convicted before me, the undersigned, on the day of , on an indictment charging him [ or her] with [ state shortly the offence e.g. larceny, murder, forgery etc .] and was thereupon sentenced by me to I do hereby certify that the case is a fit case for an appeal by the said to the Court of Appeal under the Criminal Code, section 668D upon the following grounds—[ Here specify in general terms the grounds on which certificate granted .] (Signed) Judge of trial. Dated this day of 19 .
308 Criminal Practice Rules 1900 SCHEDULE (continued) Form 2 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) PARTICULARS OF TRIAL 1. Age and occupation of appellant: 2. Date of trial: 3. Place and court of trial: 4. Before whom tried: 5. Charge: 6. Plea: 7. Was any statement of the appellant’s read and not marked as an exhibit? (if so, it should be sent into the registrar with this form): 8. Verdict: 9. Sentence: 10. Previous convictions: No. Date Where tried Offence Sentence 1. 2. 3. 4. 5. 6.
309 Criminal Practice Rules 1900 SCHEDULE (continued) 11. Police report as to previous character and antecedents: 12. Name of Crown prosecutor: 13. Name of counsel for defence: 14. Name of solicitor for defence: 15. Was appellant defended privately or under the Legal Aid Act 1978 ? 16. Name and address of shorthand writer: 17. Was certificate that case a fit one for appeal given? 18. Was appellant admitted to bail before trial; if so, on what terms? 19. Was any order made consequent on the sentence as to revesting or restitution of property on conviction? If so, what? 20. Were there and what other indictments presented against him [ or her] at the same sittings? The day of . A.B. Judge’s Associate or Registrar of District Court or other proper officer of the court of trial Form 3 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEAL AGAINST CONVICTION OR SENTENCE To the registrar of the Court of Appeal. Name of appellant: Convicted at the (1)
310 Criminal Practice Rules 1900 SCHEDULE (continued) held at Offence of which convicted (2): Sentence: Date when convicted: Date when sentence passed: Name of prison (3): I, the abovenamed appellant, hereby give you notice that I desire to appeal to the Court of Appeal against my conviction (4) and against my sentence (5) on the grounds hereinafter set forth on page 2 of this notice. (Signed) (6) (Appellant). Dated this (7) day of , 19 . The appellant must answer the following questions— Question. Answer 1. Did the judge before whom you were tried grant you a certificate that it was a fit case for appeal? 2. Have you applied for legal aid? If your answer to this question is ‘yes’, then answer the following questions— ( a ) What was your occupation and what wages, salary, or income were you receiving before your conviction? ( b ) Have you any means to enable you to obtain legal aid
311 Criminal Practice Rules 1900 SCHEDULE (continued) for yourself? ( c ) Is any solicitor now acting for you? If so, give his [ or her] name and address. 3. Do you desire to be present when the court considers your case? 4. Do you desire to apply for leave to call any witnesses on your appeal? If your answer to this question is ‘yes,’ you must obtain form 32, fill it up, and forward it with this notice. Grounds of appeal or application: These must be filled in before the notice is sent to the registrar. You must here set out the grounds or reasons you allege why your conviction should be quashed or your sentence reduced. You can also, if you wish, set out, in addition to your above reasons, your case and argument fully. (1) Supreme, Circuit, or District Court. (2) e.g . stealing, forgery. (3) If not in custody, here set out your address in full. (4) If you admit that you are guilty, or only desire to appeal against your
312 Criminal Practice Rules 1900 SCHEDULE (continued) sentence, cross out the words ‘against my conviction’. (5) If you only desire to appeal against your conviction and not against your sentence, cross out the words ‘against my sentence’. (6) This notice must be signed by the appellant. If he [ or she] cannot write he [ or she] must affix his [ or her] mark in the presence of a witness. The name and address of such attesting witness must be given. (7) If this notice is signed more than 28 days after the conviction or sentence appealed against, the appellant must obtain and fill in form 4, and send it with this notice. Form 3A IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN against ( Name of respondent ) ATTORNEY-GENERAL OF QUEENSLAND (Appellant) NOTICE OF APPEAL AGAINST SENTENCE To the registrar of the Court of Appeal: Name of appellant: ATTORNEY-GENERAL OF QUEENSLAND Name of respondent: Convicted at ( Name court where conviction was imposed ). Offence of which convicted: ( Name the offence upon which the respondent was convicted ). Sentence: ( State sentence imposed by court ). Date when convicted:
313 Criminal Practice Rules 1900 SCHEDULE (continued) Date when sentence passed: I ( name of Attorney-General ), Attorney-General of Queensland, hereby give you notice that I desire to appeal to the Court of Appeal against the sentence imposed on the abovenamed respondent on the grounds hereinafter set forth in this notice. Dated this day of , 19 . Attorney-General of Queensland. GROUNDS OF APPEAL ( State ground or grounds of appeal ) Form 3B IN THE COURT OF APPEAL OF QUEENSLAND IN RE ( Name of person acquitted ) REFERENCE BY ATTORNEY-GENERAL UNDER THE CRIMINAL CODE, SECTION 669A To the registrar of the Court of Appeal: Name of person acquitted: 1. ( State date of such acquittal and name court which heard the charge of which person was acquitted .) ( State charge or charges which were heard against the person acquitted .) 2. ( State briefly the facts giving rise to the said charge or charges and set out briefly a resume of the proceedings before the court and circumstances in which the acquittal occurred .) I ( Name of Attorney-General ), Attorney-General of Queensland, hereby refer the following point(s) of law that arose at the said trial to the Court of Appeal for its consideration and opinion thereon—
314 Criminal Practice Rules 1900 SCHEDULE (continued) ( State point or points of law to be referred to the Court of Appeal .) Dated this day of , 19 . Attorney-General of Queensland. Form 4 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) NOTICE OF APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO APPEAL To the registrar of the Court of Appeal. I , having been convicted of the offence of [ here state the nature of the offence—e.g. stealing, murder, forgery etc .] at the court of , held at , in this of on the day of , 19 , and being now a prisoner in Her Majesty’s prison at [ or, where the appellant for any reason is not in custody, now living at ] give you notice that I hereby apply to the Court of Appeal for an extension of the time within which I may give notice of appeal ( or notice of application for leave to appeal) on the grounds following [ here set out clearly and concisely the reason for the delay in giving such notice, and the grounds on which you submit the court should extend the time ]. Signed: ( or mark) Appellant. (Signature and address of witness attesting mark.)
315 Criminal Practice Rules 1900 SCHEDULE (continued) Dated this day of , 19 . [form 3 must be filled up and sent with this notice to the registrar.] Form 6 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) NOTICE OF ABANDONMENT To the registrar of the Court of Appeal. I, , having been convicted of at the criminal sittings at [Circuit Court at or District Court at] and having been desirous of appealing and having duly sent notice to that effect to the Court of Appeal against my said conviction [ or the sentence of passed upon me on my said conviction] do hereby give you notice that I do not intend further to prosecute my appeal, but that I hereby abandon all further proceedings in regard thereto as from the date hereof. (Signed) (Witness) Dated this day of 19 .
316 Criminal Practice Rules 1900 SCHEDULE (continued) Form 7 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v. (APPELLANT) NOTIFICATION TO APPELLANT OF JUDGE’S DECISION UNDER SECTION 671L I hereby give you notice that a judge of the Court of Appeal having considered your application for— (a) leave to appeal; (b) for extension of time within which notice of appeal or of application for leave to appeal may be given; [ Strike out any of them which have not been made or have been granted. ] (c) permission to you to be present at the hearing of any proceedings in relation to your appeal; has refused the applications marked applications marked ). (and has granted your If you desire to have the abovementioned applications which have been refused determined by the Court of Appeal, you are required to fill up the enclosed form and return it to me forthwith. Dated this day of 19 . (Signed) Registrar. To the abovenamed Form 8
317 Criminal Practice Rules 1900 SCHEDULE (continued) IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) NOTICE OF APPLICATION FOR REHEARING BY COURT OF APPEAL UNDER SECTION 671L R. v . I, having received your notification that my applications for— (a) leave to appeal; (b) for extension of the time within which notice of appeal or application for leave to appeal may be given; [ Strike out any of those which have not been made or which have been granted .] (c) permission to me to be present at the hearing of any proceedings in relation to my appeal; have been refused; do hereby give you notice that I desire that the said applications shall be considered and determined by the Court of Appeal [*and that as I am not legally represented I desire to be present at the determination of my said application.] [* Strike out this if you do not desire to be present .] (Signed) Appellant. Witness attesting mark. To the registrar of the Court of Appeal. Dated this day of 19 . If you desire to state any reasons in addition to those set out by you in your original notice upon which you submit that the Court of Appeal should grant your said applications, you may do so in the space below.
318 Criminal Practice Rules 1900 SCHEDULE (continued) Form 12 OATH FOR SHORTHAND WRITER You shall faithfully and truly take down to the best of your skill and ability the shorthand notes of the proceedings at any trial in the Supreme Court of Queensland in its criminal jurisdiction to which you may be appointed for the purposes of the Criminal Code of Queensland, section 671K. So help you God! Form 13 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) DECLARATION VERIFYING TRANSCRIPT OF SHORTHAND NOTES I, , of , do solemnly and sincerely declare that, having been required by the registrar of the Court of Appeal to furnish to him [ or her] a transcript of the shorthand note relating to the trial [ or other proceeding ] in relation to , which shorthand note is now produced and shown to me marked , and purporting to have been signed and certified by [ or signed and certified by me], I have made a correct and complete transcript thereof to the best of my skill and ability in pursuance of the said requirement, which said transcript is now shown to me marked ‘B.’ And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1867 . Dated this day of , 19 . (Signed)
319 Criminal Practice Rules 1900 SCHEDULE (continued) Form 24 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) WARRANT FOR ARREST OF APPELLANT ON BAIL To the sheriff of Queensland and to all police officers in the State of Queensland, and to the superintendent of Her Majesty’s prison at . (Warrant issued by Court of Appeal.) Whereas , an appellant in the Court of Appeal, has been released by the said court on bail, and it has now been ordered by the said court that a warrant be issued for the apprehension of the said These are therefore to command you the said police officers forthwith to apprehend the said and to bring him [ or her] to the superintendent of the said prison, and there deliver him [ or her] with this warrant into the custody of the said superintendent, and you the said superintendent are hereby required to receive the said into your custody in the said prison and there safely to keep him [ or her] until further order of the said court. (Signed) (President of the Court of Appeal.) Dated this day of 19 .
320 Criminal Practice Rules 1900 SCHEDULE (continued) Form 25 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) WARRANT FOR RE-ARREST OF APPELLANT ON APPEAL BY CROWN LAW OFFICER To the sheriff and to all police officers in the State of Queensland, and to the superintendent of Her Majesty’s prison at . Whereas the Court of Appeal having on the appeal of the said quashed the conviction of the said , and thereupon discharged him [ or her] from custody, and thereafter having on the application of the Crown law officer made a further order that the said A.B. be detained pending an appeal to the High Court, has now ordered that a warrant be issued for the apprehension of the said . These are therefore to command you the said police officers forthwith to apprehend the said and to bring him [ or her] to the superintendent of the said prison, and there deliver him [ or her] with this warrant into the custody of the said superintendent, and you the said superintendent are hereby required to receive the said into your custody in the said prison and there safely to keep him [ or her] until further order of the said court. (Signed) Dated this day of 19 . (President of the Court of Appeal.) Form 26 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT)
321 Criminal Practice Rules 1900 SCHEDULE (continued) RECOGNISANCE OF APPELLANT SENTENCED TO PAYMENT OF A FINE. ( )) Be it remembered that whereas of was on the day of to wit. ) , 19 , convicted of and was thereupon sentenced to pay the sum of $ as a fine for his [ or her] said offence by the [ here fill in the court of trial ] and has intimated to the said court that he [ or she] desires to appeal against his [ or her] said conviction on a question of law [ or upon a certificate of the judge of the said court that his [ or hers] is a fit case for appeal]. And whereas the said court considers that the said appellant may in lieu of payment at and upon his [ or her] said conviction of the said sum, be ordered to enter into recognisance himself [ or herself] in the sum of $ and with sureties, each in the sum of $ to prosecute his [ or her] said appeal before the Court of Appeal. The said doth hereby acknowledge himself [ or herself] to owe to our Lady the Queen the said sum of $ of sterling * money, to be made and levied of his [ or her] goods and chattels, lands and tenements to the use of our said Lady the Queen her heirs and successors; upon condition that if the said of shall personally appear and be present at and before the Court of Appeal at each and every hearing of his [ or her] appeal to such court, and at the final determination thereof, and then and there prosecute his [ or her] said appeal and abide by the judgment of the said court, and not depart or be absent from such court at any such hearing without leave of the said court, and pay the said sum of $ , or such sum as the said court may order, to the registrar thereof, then this recognisance shall be void, otherwise of full force and effect. Taken and acknowledged this day of 19 , at the said court at and before the judge of the said court. (Signed) Proper officer of the court.
322 Criminal Practice Rules 1900 SCHEDULE (continued) Form 27 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) RECOGNISANCE OF SURETIES FOR APPELLANTS SENTENCED TO PAYMENT OF A FINE ( )) Be it remembered that whereas , of , was on the to wit. ) day of , 19 , convicted of and was thereupon sentenced to pay the sum of $ as a fine for his [ or her] said offence by the [ here fill in the court of trial ], and has intimated to the said court that he [ or she] desires to appeal against his [ or her] said conviction on a question of law [ or upon a certificate of the judge of the said court that his [ or hers] is a fit case for appeal]. And whereas the said court considers that the said appellant may in lieu of payment at and upon his [ or her] said conviction of the said sum, be ordered to enter into recognisance himself [ or herself] in the sum of $ and with sureties, each in the sum of $ , to prosecute his [ or her] said appeal before the Court of Appeal on the day of , 19 , of (occupation) and of (occupation) personally came before the court of [ here fill in the name of the court of trial ] and severally acknowledged themselves to owe to our Lady the Queen the several sums following, that is to say— The said the sum of $ The said the sum of $ of sterling * money, to be made and levied of their goods and chattels, lands and tenements, respectively, to the use of our said Lady the Queen, her heirs and successors; upon condition that if the said shall personally appear and be present at and before the Court of Appeal at each and every hearing of his [ or her] appeal to such court, and at the final determination thereof, and then and there prosecute his [ or her] said appeal and abide by the judgment of the said court, and pay the said sum of $ or such sum as the
323 Criminal Practice Rules 1900 SCHEDULE (continued) court may order, to the registrar thereof, and not depart or be absent from such court at any such hearing without leave of the said court, then this recognisance to be void, or else to stand in full force. Taken and acknowledged before the said court of on the day and year first above mentioned. (Signed) Proper officer of the court. Form 28 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) NOTICE TO APPELLANT SENTENCED TO FINE, OF BREACH OF HIS [ OR HER] RECOGNISANCE To the abovenamed , appellant. Whereas you were convicted on the day of 19 of the offence of and were sentenced to the payment of $ , and in default of such payment to imprisonment, and that under the Criminal Appeal Rules you entered into recognisances in the sum of $ , with sureties in the sum of each to prosecute your appeal, and whereas 14 days have elapsed since your said conviction, and no notice of appeal has been served by you, now I hereby give you notice that unless you attend at the sitting of the Court of Appeal to be holden on day, the day of , and then show good cause to the contrary, the court may order an estreat of your recognisances and those of your sureties, or may otherwise deal with you according to law. (Signed) Registrar of the Court of Appeal.
324 Criminal Practice Rules 1900 SCHEDULE (continued) Form 29 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) NOTICE TO SURETY FOR APPELLANT OF ESTREAT OF RECOGNISANCE To [ fill in here surety’s name and address ] of Whereas you the abovenamed, became duly bound in recognisances as surety, for that the said having been convicted of and for his [ or her] said offence fined the sum of $ , should duly prosecute an appeal in relation to his [ or her] said conviction before the Court of Appeal, and whereas the said has not so prosecuted his [ or her] appeal, now I hereby give you notice that at the sitting of the Court of Appeal on next your recognisances may be ordered to be estreated, unless you then show good cause to the contrary. (Signed) Registrar of the Court of Appeal. Form 30 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) CAPTION FOR DEPOSITION OF WITNESS EXAMINED BEFORE EXAMINER The depositions (on oath) taken before me, the undersigned, an examiner duly appointed by the Court of Appeal in that behalf, of , of , and of , witnesses, examined before me under an order of the said court dated day of 19 , in the presence of the said appellant [ or
325 Criminal Practice Rules 1900 SCHEDULE (continued) of his [ or her] counsel and solicitor] and the respondent [ or his [ or her] counsel and solicitor] at on the day of , 19 , when the said appellant and the respondent (personally or by their counsel and solicitors respectively) had full opportunity of asking questions of the said witnesses, and the depositions of each of the said witnesses were read over to him or her ( as the case may be ) before attaching his or her signature thereto. The deposition of , of me) saith as follows: , who (upon oath duly administered by [Here follows deposition.] (Signed) Taken before me this day of , 19 . Witness Examiner. Form 31 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) ORDER TO WITNESS TO ATTEND COURT FOR EXAMINATION R. v . To of [ name etc. of witness. ] Whereas on good cause shown to the Court of Appeal you have been ordered to attend and be examined as a witness before such court upon the appeal of the abovenamed , this is to give you notice to attend before the said court on the day of , 19 , at o’clock in the noon. You are also required to have with you at the said time and place any books,
326 Criminal Practice Rules 1900 SCHEDULE (continued) papers,or other things relating to the said appeal which you may have had notice so to produce. Registrar. Dated day of 19 . Form 32 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) APPELLANT’S APPLICATION FOR FURTHER WITNESSES I, , having appealed to the Court of Appeal, hereby request you to take notice that I desire that the said court shall order the witness[es] hereinafter specified to attend the court and be examined on my behalf. (Signed) [ or mark] Appellant. [ Signature of witness attesting mark. ] Dated this day of 19 . You are required to fill up the following form and sign the same: 1. Name and address of witness: 2. Whether such witness has been examined at trial: 3. If not, state the reason why he [ or she] was not so examined: 4. On what matters do you wish him [ or her] to be examined on the appeal? State shortly the evidence you think he [ or she] can give:
327 Criminal Practice Rules 1900 SCHEDULE (continued) Form 33 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . NOTICE TO WITNESS TO ATTEND BEFORE EXAMINER To , of [ name etc. of witness. ] Whereas on good cause shown to the Court of Appeal you have been ordered to be examined as a witness upon the appeal of the abovenamed, and your deposition to be taken for the use of the said court. This is to give you notice to attend at [ specify place of examination ] on the day of 19 , before [ fill in examiner’s name ] at o’clock in the noon. You are also required to have with you at the said time and place any books, papers or other things under your control or in your possession in any manner relating to the said appeal of which you may have had notice so to produce. Registrar. Dated the day of 19 . Form 34 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) REGISTRAR’S CERTIFICATE OF EXPENSES I hereby certify that I have allowed as expenses in respect of this appeal the amounts hereunder set forth, and that such amounts are due to the persons whose names are set out in column 1. Name and address of payee How expenses incurred Amount allowed
328 Criminal Practice Rules 1900 SCHEDULE (continued) Dated this day of To the Crown law officer, Brisbane. 19 . Registrar. Form 35 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) ORDER BY SINGLE JUDGE UNDER SECTION 671L Justice Upon consideration being this day had by a judge of the Court of Appeal, acting under the Code, section 671L, of the application of the abovenamed appellant for— (a) extension of time within which notice of appeal or of application for leave to appeal may be given; (b) leave to appeal against; (c) permission when to be present during the proceedings in the appeal; the court doth determine the same, and doth Dated this day of , 19 .
329 Criminal Practice Rules 1900 SCHEDULE (continued) Form 36 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPLICANT/APPELLANT) ORDER OF THE COURT OF APPEAL Upon consideration being had by the Court of Appeal, as duly constituted for the hearing of appeals under the Code, of the application/appeal by the abovenamed applicant/appellant for/against this court this day does finally determine the said application/appeal and does order that ( here set out particulars of the order made ) Dated this day of , 19 . Registrar of the Court of Appeal Form 40 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) FORM OF ORDER TO SUPERINTENDENT OF PRISON AFTER DISMISSAL OF APPEAL TO TAKE APPELLANT ON BAIL INTO CUSTODY To the superintendent of Her Majesty’s prison at Whereas on the day of , 19 , was at the [Supreme or Circuit or District] Court holden at duly convicted of , and was thereupon sentenced to be imprisoned and kept to hard labour in Her Majesty’s prison at for the space of calendar months: And whereas the said afterwards appealed to the Court of Appeal against his [ or her] said conviction:
330 Criminal Practice Rules 1900 SCHEDULE (continued) And whereas the said was released from custody on bail on the day of , 19 : And whereas the Court of Appeal has this day dismissed the said appeal and confirmed the abovementioned conviction and sentence: You are hereby ordered and required forthwith to receive the said into your custody in the said prison at , and there safely keep him [ or her] until he [ or she] shall have completed the said term of calendar months imprisonment (with hard labour). Dated this day of , 19 . Registrar. Form 44 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) NOTIFICATION TO APPELLANT OF ORDER STAYING EXECUTION OF ORDER QUASHING CONVICTION UNDER SECTION 672(1) To the abovenamed appellant. To the superintendent of the prison at . To the Corrective Services Commission. This is to give you notice that the Court of Appeal has, on an application made on behalf of the Crown, made an order staying the execution, for a period of days, of the order quashing your conviction (the conviction of the above appellant), and has made a further order for your ( or his [ or her]) detention or your ( or his [ or her]) return to your ( or his [ or her]) former
331 Criminal Practice Rules 1900 SCHEDULE (continued) custody, or for your ( or his [ or her]) admission to bail for the time during which such stay has been directed. (Signed) Registrar of the Court of Appeal. Dated this day of , 19 . Form 45 IN THE COURT OF APPEAL OF QUEENSLAND THE QUEEN v . (APPELLANT) NOTIFICATION TO APPELLANT OF ORDER FOR DETENTION OR ADMISSION TO BAIL PENDING APPEAL BY THE CROWN LAW OFFICER TO HIGH COURT UNDER SECTION 672 (2) To the abovenamed appellant. To the superintendent of the prison at . To the Corrective Services Commission. This is to give you notice that the Court of Appeal has, on the application of the Crown law officer, made an order for your ( or his [ or her ]) detention, or for your ( or his [ or her ]) admission to bail, pending the hearing of an appeal to the High Court; and further to inform you that if at any time you ( or he [ or s he ]) shall deem yourself ( or himself [ or herself ]) wronged by any failure to prosecute such appeal diligently you ( or he [ or s he ]) may apply to the Court of Appeal for an order for the immediate execution of the original order of the court quashing your ( or his [ or her ]) conviction, for your ( or his [ or her ]) immediate release, and for such compensation as the court might think to award, and that you ( or he [ or s he ]) may make such application in writing addressed to ‘The Registrar of the Court of Appeal, Brisbane’. (Signed)
332 Criminal Practice Rules 1900 SCHEDULE (continued) Dated this day of , 19 . Registrar. Form 46 FORM OF ORDER TO SUPERINTENDENT OF PRISON WHERE THE HIGH COURT REVERSE THE ORDER OF THE COURT OF APPEAL QUASHING A CONVICTION To the superintendent of Her Majesty’s prison at . Whereas was on the day of ,19 , convicted at the on an indictment of and was sentenced to : And whereas on the day of , 19 , the Court of Appeal ordered that the said conviction be quashed, and that the said be released from custody: And whereas the High Court has ordered that the said order of the Court of Appeal be reversed: And whereas pursuant to such lastmentioned order the Court of Appeal has this day ordered that the aforesaid conviction of the day of 19 , be affirmed, and that the appeal against the said conviction be dismissed: You are hereby required to receive the said into your custody in the said prison, and there safely keep him [ or her] according to law. Dated this day of , 19 . Registrar.
333 Criminal Practice Rules 1900 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 25 July 1996. Future amendments of the Criminal Practice Rules 1900 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R1 RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No. 1 Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered
334 Criminal Practice Rules 1900 ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes an arabic letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to SL No. 431 of 1994 19 June 1995 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed citations and remade laws Changed names and titles Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 1 ´ 6 List of legislation Criminal Practice Rules 1900 pubd gaz 17 October 1900 pp 1107–43 commenced 1 January 1901 as amended by— regulations published gazette— 29 November 1902 p 1202 commenced on date of publication 29 August 1914 pp 885–900 commenced 25 August 1914 9 October 1943 p 1247 commenced on date of publication 14 May 1949 p 1920 commenced on date of publication 2 December 1950 p 2384 commenced on date of publication 13 March 1954 p 977 commenced on date of publication
335 Criminal Practice Rules 1900 6 July 1974 p 1388 commenced on date of publication 16 August 1975 pp 1776–7 commenced on date of publication 3 July 1976 p 1320 commenced 1 July 1976 6 December 1980 p 1404 commenced 4 December 1980 4 July 1981 pp 1797–8 commenced on date of publication 8 October 1983 p 532 commenced on date of publication 18 June 1988 p 1455 commenced on date of publication 17 December 1988 p 2135 commenced on date of publication 25 March 1989 p 1838 commenced on date of publication 9 October 1989 pp 1099–103 commenced on date of publication 25 August 1990 p 2727 commenced on date of publication 10 November 1990 pp 1220–1 commenced on date of publication Criminal Practice Rules Amendment Order (No. 1) 1992 SL No. 276 notfd gaz 28 August 1992 pp 3139–41 commenced on date of notification Criminal Practice Rules Amendment Order (No. 1) 1993 SL No. 114 notfd gaz 16 April 1993 pp 1830–2 commenced on date of notification Criminal Practice Rules Amendment Regulation (No. 1) 1994 SL No. 431 notfd gaz 9 December 1994 pp 1575–8 commenced on date of notification Criminal Practice Amendment Rule (No. 1) 1995 SL No. 212 notfd gaz 20 June 1995 pp 1273–6 commenced on date of notification
336 Criminal Practice Rules 1900 ´ 7 List of annotations ORDER 6—BAIL AND RECOGNISANCES Notice of proposed sureties r 2 om reg pubd gaz 4 July 1981 pp 1797–8 Form of recognizance r 3 om reg pubd gaz 4 July 1981 pp 1797–8 Estreat of recognizance to attend r 4 om reg pubd gaz 4 July 1981 pp 1797–8 Estreat of recognisance s 5 sub reg pubd gaz 4 July 1981 pp 1797–8 Enlargement of undertaking as to bail s 6 ins reg pubd gaz 16 August 1975 pp 1776–7 amd reg pubd gaz 4 July 1981 pp 1797–8 ORDER 6A—SUBPOENAS hdg ins reg pubd gaz 29 November 1902 p 1202 Subpoenas after information or indictment r 1 ins reg pubd gaz 29 November 1902 p 1202 Subpoenas after committal and before indictment r 2 ins reg pubd gaz 29 November 1902 p 1202 Forms of writs of subpoena r 3 ins reg pubd gaz 29 November 1902 p 1202 Production of medical, hospital and government records r 4 ins 1994 SL No. 431 s 3 Proper officer’s obligations in relation to produced record r 5 ins 1994 SL No. 431 s 3 Objection to inspection or copying of produced record r 6 ins 1994 SL No. 431 s 3 Crown’s obligation when record to be adduced in evidence r 7 ins 1994 SL No. 431 s 3 Definitions r 8 ins 1994 SL No. 431 s 3 ORDER 6B—EVIDENCE hdg ins 1995 SL No. 212 s 3 Evidence by telephone, video link or another form of communication r 1 ins 1995 SL No. 212 s 3 ORDER 8—JUDGMENTS Calendar r 3 sub reg pubd gaz 17 December 1988 p 2135 amd reg pubd gaz 25 March 1989 p 1838
337 Criminal Practice Rules 1900 ORDER 9 hdg sub reg pubd gaz 29 August 1914 pp 885–900 Interpretation r 1 sub reg pubd gaz 29 August 1914 pp 885–900 Forms hdg ins reg pubd gaz 29 August 1914 pp 885–900 r 2 sub reg pubd gaz 29 August 1914 pp 885–900 Sittings of the court r 3 sub reg pubd gaz 29 August 1914 pp 885–900 r 3A ins reg pubd gaz 9 October 1943 p 1247 Reservation of points of law r 4 sub reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Notices of appeal hdg ins reg pubd gaz 29 August 1914 pp 885–900 Notices of appeal to be signed by appellant and addressed to registrar r 5 ins reg pubd gaz 29 August 1914 pp 885–900 Shorthand writers and transcript of notes hdg ins reg pubd gaz 29 August 1914 pp 885–900 r 6 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 13 March 1954 p 977; 1992 SL No. 276 s 3(1) Certificate of judge of trial hdg ins reg pubd gaz 29 August 1914 pp 885–900 Judge’s certificate, under section 668D(b) r 7 ins reg pubd gaz 29 August 1914 pp 885–900 Appeals where fine only is inflected hdg ins reg pubd gaz 29 August 1914 pp 885–900 Where fine imposed on conviction to be retained pending appeal r 8 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Custody of exhibits used at trial hdg ins reg pubd gaz 29 August 1914 pp 885–900 Directions as to custody of exhibits r 9 ins reg pubd gaz 29 August 1914 pp 885–900 amd 1992 SL No. 276 s 3(2) Inspection of exhibits r 9A ins 1992 SL No. 276 s 3(2) Order made at trial—consequential orders and suspension of same pending appeal hdg ins reg pubd gaz 29 August 1914 pp 885–900
338 Criminal Practice Rules 1900 Varying order of restitution of property—persons affected may appear on appeal r 10 ins reg pubd gaz 29 August 1914 pp 885–900 Non-suspension of orders for restitution etc. to be subject to property or a sample etc. being necessary for purpose of appeal r 11 ins reg pubd gaz 29 August 1914 pp 885–900 Temporary suspension of orders made on conviction, as to money, rewards, costs etc. r 12 ins reg pubd gaz 29 August 1914 pp 885–900 Period of suspension of orders under section 670 r 13 ins reg pubd gaz 29 August 1914 pp 885–900 Certificate of conviction not to issue for 14 days after conviction r 14 ins reg pubd gaz 29 August 1914 pp 885–900 Report of judge of trial hdg ins reg pubd gaz 29 August 1914 pp 885–900 Trial judge’s report r 15 ins reg pubd gaz 29 August 1914 pp 885–900 sub 1993 SL No. 114 s 3 Registrar to furnish judge of court of trial with materials for report r 16 ins reg pubd gaz 29 August 1914 pp 885–900 Publication of pre-sentence and psychiatric reports r 16A ins 1993 SL No. 114 s 4 Notices of appeal and period for appealing; abandonment of appeals hdg ins reg pubd gaz 29 August 1914 pp 885–900 Obligation on appellants to fill up forms of appeal notices and answer questions thereon r 17 ins reg pubd gaz 29 August 1914 pp 885–900 Time for appealing against conviction to run from verdict r 18 ins reg pubd gaz 29 August 1914 pp 885–900 Time for appealing against sentence to run from pronouncement of sentence r 19 ins reg pubd gaz 29 August 1914 pp 885–900 Appeals against sentence and references by the Attorney-General r 19A ins reg pubd gaz 6 December 1980 p 1404 Registrar to require proper officer of court of trial or other person having the custody thereof to furnish registrar with depositions, indictments, pleas etc. for use of Court of Appeal r 20 ins reg pubd gaz 29 August 1914 pp 885–900 sub reg pubd gaz 8 October 1983 p 532 Notice of application for leave to appeal r 21 ins reg pubd gaz 29 August 1914 pp 885–900
339 Criminal Practice Rules 1900 Abandonment of appeal r 22 ins reg pubd gaz 29 August 1914 pp 885–900 Notice of application for extension of time for appealing r 23 ins reg pubd gaz 29 August 1914 pp 885–900 Proceedings before judge or Appeal Court under section 671L hdg ins reg pubd gaz 29 August 1914 pp 885–900 How application for leave to appeal and other preliminary applications are to be dealt with r 24 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388; 4 July 1981 pp 1797–8 Duties of prosecutors hdg ins reg pubd gaz 29 August 1914 pp 885–900 Registrar’s duties as to ascertaining respondent r 25 ins reg pubd gaz 29 August 1914 pp 885–900 Court may at any stage substitute the Crown law officer for a private prosecutor r 26 ins reg pubd gaz 29 August 1914 pp 885–900 procedure on application hdg ins reg pubd gaz 29 August 1914 pp 885–900 sub reg pubd gaz 4 July 1981 pp 1797–8 Presence of appellant on bail, at hearing of the appellants’ appeal r 27 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Duty of police to inquire and report as to Appellant’s means, for purposes of this chapter on request of Registrar r 28 ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 6 July 1974 p 1388 Warders etc. to attend sittings of Court of Appeal r 29 ins reg pubd gaz 29 August 1914 pp 885–900 Registrar on application of appellant or respondent, or where the registrar thinks necessary, to obtain documents, exhibits etc. for purposes of appeal, and same to be open for inspection r 30 ins reg pubd gaz 29 August 1914 pp 885–900 Notifying result of appeals hdg ins reg pubd gaz 29 August 1914 pp 885–900 On final determination of appeals etc. registrar to notify appellant, prison superintendent, Corrective Services Commission r 31 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Registrar to notify officer of court of trial result of appeal r 32 ins reg pubd gaz 29 August 1914 pp 885–900 Registrar after appeal to return original depositions, exhibits, indictment etc. to
340 Criminal Practice Rules 1900 officer of court of trial when received from officer r 33 ins reg pubd gaz 29 August 1914 pp 885–900 New trials hdg ins reg pubd gaz 29 August 1914 pp 885–900 r 34 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Legal aid to Appellant hdg ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 6 July 1974 p 1388 r 35 ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 6 July 1974 p 1388 Copies of documents for use of appellants hdg ins reg pubd gaz 29 August 1914 pp 885–900 How appellant or respondent may obtain from registrar copies of documents, exhibits and transcripts r 36 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388; 18 June 1988 p 1455 sub 1993 SL No. 114 s 5 Procedure as to witnesses before Court of Appeal, and their examination before examiner hdg ins reg pubd gaz 29 August 1914 pp 885–900 Attendance of witness before Court of Appeal r 37 ins reg pubd gaz 29 August 1914 pp 885–900 Proceedings under section 671B(1)(d), on reference r 38 ins reg pubd gaz 29 August 1914 pp 885–900 Cause lists hdg ins reg pubd gaz 29 August 1914 pp 885–900 Register of appeals to be kept by the registrar r 39 ins reg pubd gaz 29 August 1914 pp 885–900 Appeals by the Crown from decisions of Court of Appeal under section 672 hdg ins reg pubd gaz 29 August 1914 pp 885–900 Notice of order to stay under section 672(1) r 40 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Payment of expenses under section 671F r 41 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388 Miscellaneous provisions hdg ins reg pubd gaz 29 August 1914 pp 885–900 r 42 ins reg pubd gaz 29 August 1914 pp 885–900
341 Criminal Practice Rules 1900 Service of orders and notices r 43 ins reg pubd gaz 29 August 1914 pp 885–900 Notice by registrar to appellant of results of all applications r 44 ins reg pubd gaz 29 August 1914 pp 885–900 Non-compliance with rules not wilful may be waived by court r 45 ins reg pubd gaz 29 August 1914 pp 885–900 Enforcing duties under rules r 46 ins reg pubd gaz 29 August 1914 pp 885–900 Warrants for arrest of appellants to be deemed to be warrants issued under Justices Act 1886 r 47 ins reg pubd gaz 29 August 1914 pp 885–900 A petitioner under section 672A(a), to be deemed an appellant for all purposes r 48 ins reg pubd gaz 29 August 1914 pp 885–900 Reference to court under section 672A(b) r 49 ins reg pubd gaz 29 August 1914 pp 885–900 r 50 ins reg pubd gaz 29 August 1914 pp 885–900 ORDER 10—PROCEEDINGS IN ERROR Bail pending proceedings in error r 14 amd reg pubd gaz 4 July 1981 pp 1797–8 Certificate of registrar r 15 amd reg pubd gaz 4 July 1981 pp 1797–8 ORDER 13—APPEALS FROM JUSTICES Title of affidavits r 1 amd reg pubd gaz 14 May 1949 p 1920; 4 July 1981 pp 1797–8 Special case r 5 om reg pubd gaz 4 July 1981 pp 1797–8 SCHEDULE—FORMS OF PROCEEDINGS INDEX TO FORMS UNDER CRIMINAL APPEAL RULES ins reg pubd gaz 29 August 1914 pp 885–900 sub reg pubd gaz 4 July 1981 pp 1797–8 amd reg pubd gaz 9 October 1989 pp 1099–1103; 10 November 1990 pp 1220–1 PART 1—FORMS RELATING TO INDICTMENTS INFORMATIONS, AND COMPLAINTS SECTION 2—STATEMENTS OF OFFENCES Form 6—Unlawful oaths to commit certain crimes amd R1 (see RA s 39 and 1992 No. 48 s 207 sch) Form 7—Other unlawful oaths to commit offences amd R1 (see RA s 39 and 1992 No. 48 s 207 sch) Form 11—Interferences with Governor or ministers amd R1 (see RA s 39 and 1992 No. 48 s 207 sch)
342 Criminal Practice Rules 1900 Form 25—Going armed so as to cause fear sub reg pubd gaz 16 August 1975 pp 1776–7 Form 31—Threatening violence amd reg pubd gaz 16 August 1975 pp 1776–7 Form 95—Forcibly rescuing capital offenders om R1 (see RA s 39 and 1992 No. 25 s 4) Form 97—Escape of criminal prisoner amd R1 (see RA s 39 and 1992 No. 48 s 207 sch) Form 126—False Declaration as to Execution of Sentence of Death om R1 (see RA s 39 and 1922 13 Geo 5 No. 2 s 3(xii)) Form 141—Unnatural offences amd R1 (see RA s 39 and 1990 No. 93 s 5) Form 142—Attempt to commit unnatural offences om R1 (see RA s 39 and 1990 No. 93 s 6) Form 143—Indecent treatment of boys under 17 sub reg pubd gaz 16 August 1975 pp 1776–7 Form 144—Indecent practice between males om R1 (see RA s 39 and 1990 No. 93 s 7) Form 146—Householder permitting defilement of young girls on his [or her] premises sub reg pubd gaz 3 July 1976 p 1320 Form 148—Defilement of girls under 16 and idiots sub reg pubd gaz 3 July 1976 p 1320 Form 149—Indecent treatment of girls under 16 sub reg pubd gaz 3 July 1976 p 1320 Form 153—Unlawful detention with intent to defile or in a brothel om R1 (see RA s 39 and 1989 No. 17 s 18) Form 176—Wilful Murder om R1 (see RA s 39 and 1922 13 Geo 5 No. 2 s 3(xiv); 1971 No. 41 s 5) Form 184—Attempting to Commit Suicide om R1 (see RA s 39 and 1979 No. 2 s 4) Form 247—Demanding property, benefit or the performance of services by written threats sub reg pubd gaz 3 July 1976 p 1320 Form 247A—Demanding property, benefit or the performance of services by oral threats ins reg pubd gaz 3 July 1976 p 1320 Form 250—Housebreaking: burglary sub reg pubd gaz 3 July 1976 p 1320
343 Criminal Practice Rules 1900 Form 251—Entering dwelling house with intent to commit indictable offence sub reg pubd gaz 3 July 1976 p 1320 Form 252—Breaking into places and committing indictable offences sub reg pubd gaz 16 August 1975 pp 1776–7 Form 253—Breaking into places with intent to commit indictable offences sub reg pubd gaz 16 August 1975 pp 1776–7 Form 254—Persons found armed etc. with intent to commit indictable offence sub reg pubd gaz 3 July 1976 p 1320 Form 261—Receiving stolen property etc. amd reg pubd gaz 29 November 1902 p 1202 GA—OFFENCES ON HIGH SEAS hdg ins reg pubd gaz 3 July 1976 p 1320 Form 350A ins reg pubd gaz 3 July 1976 p 1320 Form 350B ins reg pubd gaz 3 July 1976 p 1320 SECTION 3—PROCESS TO COMPEL APPEARANCE Form 3—Notice to appear for non-payment of (fine, compensation, restitution or as the case may be) sub reg pubd gaz 4 July 1981 pp 1797–8 amd reg pubd gaz 25 March 1989 p 1838 SECTION 4—FORMS OF PROCEEDINGS AT TRIAL Form 2—Statement to prisoner of his [or her] right of challenge on plea of not guilty amd R1 (see RA s 39 and 1992 No. 48 s 207 sch) Form 5—Form for addressing convicted person before sentence amd R1 (see RA s 39 and 1992 No. 48 s 207 sch) SECTION 7—FORMS OF APPLICATIONS AND APPROVALS FOR EXAMINATION OF A PERON IN CUSTODY hdg ins reg pubd gaz 9 October 1989 pp 1099–1103 Form 1—Application for approval for examination of a person in custody by legally qualified medical practitioner ins reg pubd gaz 9 October 1989 pp 1099–1103 Form 2—Application for approval for examination of a person in custody by legally qualified dentist ins reg pubd gaz 9 October 1989 pp 1099–1103 Form 3—Approval for examination of a person in custody by legally qualified medical practitioner ins reg pubd gaz 9 October 1989 pp 1099–1103 Form 4—Approval for examination of a person in custody by legally qualified dentist
344 Criminal Practice Rules 1900 ins reg pubd gaz 9 October 1989 pp 1099–1103 SECTION 8—FORMS RELATING TO OUTSTANDING CHARGES BEING TAKEN INTO ACCOUNT IN PASSING SENTENCE hdg ins reg pubd gaz 10 November 1990 pp 1220–1 om R1 (see RA s 39 and 1992 No. 48 s 207 sch) Form—Outstanding charges may be taken into account in passing sentence ins reg pubd gaz 10 November 1990 pp 1220–1 om R1 (see RA s 39 and 1992 No. 48 s 207 sch) PART 3—FORMS RELATING TO BAIL AND RECOGNISANCES Form 1—Recognizance to answer indictment or information amd reg pubd gaz 2 December 1950 p 2384; 16 August 1975 pp 1776–7 om reg pubd gaz 4 July 1981 pp 1797–8 Form 4—Order to admit prisoner to bail om reg pubd gaz 4 July 1981 pp 1797–8 Form 5—Notice of bail upon order of judge without habeas corpus om reg pubd gaz 4 July 1981 pp 1797–8 Form 7—Recognizance to appear at trial amd reg pubd gaz 16 August 1975 pp 1776–7 om reg pubd gaz 4 July 1981 pp 1797–8 Form 8—Recognisance to appear for sentence amd reg pubd gaz 2 December 1950 p 2384 Form 8A—Recognizance to appear for judgment ins reg pubd gaz 2 December 1950 p 2384 amd reg pubd gaz 4 July 1981 pp 1797–8 om R1 (see RA s 37 and 1992 No. 48 s 207 sch) Form 8B—Recognizance to be of good behaviour ins reg pubd gaz 2 December 1950 p 2384 om R1 (see RA s 37 and 1992 No. 48 s 207 sch) Form 8C—Recognizance to appear for sentence ins reg pubd gaz 2 December 1950 p 2384 om R1 (see RA s 37 and 1992 No. 48 s 207 sch) Form 8D—Recognizance to appear for sentence ins reg pubd gaz 16 August 1975 pp 1776–7 om R1 (see RA s 37 and 1992 No. 48 s 207 sch) Form 8E—Recognizance to be of good behaviour and to appear for conviction and sentence if called upon ins reg pubd gaz 16 August 1975 pp 1776–7 om R1 (see RA s 37 and 1992 No. 48 s 207 sch) Form 10—Recognizance on suspension of sentence om R1 (see RA s 37 and 1992 No. 48 s 207 sch)
345 Criminal Practice Rules 1900 PART 4—FORMS RELATING TO PROCEEDINGS IN ERROR Form 13—Recognisance to prosecute proceedings in error amd reg pubd gaz 4 July 1981 pp 1797–8 PART 8—FORMS RELATING TO APPEALS FROM JUSTICES Form 1—Quashing order om reg pubd gaz 4 July 1981 pp 1797–8 Form 2—Application for case to be stated om reg pubd gaz 4 July 1981 pp 1797–8 Form 3—Certificate of refusal to state a case om reg pubd gaz 4 July 1981 pp 1797–8 Form 4—Recognizance on appeal om reg pubd gaz 4 July 1981 pp 1797–8 Form 5—Case stated by justices om reg pubd gaz 4 July 1981 pp 1797–8 Form 6—Notice of appeal with copy of case stated om reg pubd gaz 4 July 1981 pp 1797–8 Form 7—Affidavit of service of notice of appeal, etc. om reg pubd gaz 4 July 1981 pp 1797–8 Form 8—Notice of appeal to a judge of a District Court ins reg pubd gaz 14 May 1949 p 1920 amd reg pubd gaz 4 July 1981 pp 1797–8 Form 9—Recognisance on appeal to a judge of a District Court ins reg pubd gaz 14 May 1949 p 1920 amd reg pubd gaz 4 July 1981 pp 1797–8 PART 9—FORMS RELATING TO SUBPOENAS pt hdg ins reg pubd gaz 29 November 1902 p 1202 Form 1—Subpoena ad testificandum after indictment or information presented ins reg pubd gaz 29 November 1902 p 1202 Form 2—Subpoena duces tecum after indictment or information presented ins reg pubd gaz 29 November 1902 p 1202 Form 3—Subpoena ad testificandum after committal but before indictment ins reg pubd gaz 29 November 1902 p 1202 PART 9—FORMS UNDER CRIMINAL APPEAL RULES pt hdg ins reg pubd gaz 29 August 1914 pp 885–900 Form 1—Judge’s certificate ins reg pubd gaz 29 August 1914 pp 885–900 Form 2—Particulars of trial ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388 Form 3—Notice of appeal or application for leave to appeal against conviction
346 Criminal Practice Rules 1900 or sentence ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 6 July 1974 p 1388; 25 August 1990 p 2727 Form 3A—Notice of appeal against sentence ins reg pubd gaz 6 December 1980 p 1404 Form 3B—Reference by Attorney-General under the Criminal Code, section 669A ins reg pubd gaz 6 December 1980 p 1404 Form 4—Notice of application for extension of time within which to appeal ins reg pubd gaz 29 August 1914 pp 885–900 Form 5—Notice of application by Appellant for bail pending appeal ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 6—Notice of abandonment ins reg pubd gaz 29 August 1914 pp 885–900 Form 7—Notification to appellant of judge’s decision under section 671L ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388; 4 July 1981 pp 1797–8 Form 8—Notice of application for rehearing by Court of Appeal under section 671L ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388; 4 July 1981 pp 1797–8 Form 9—Notification to Appellant for result of application under section 671L ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388 om reg pubd gaz 4 July 1981 pp 1797–8 Form 10—Notification to Appellant of result of his appeal ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 11—Notice that refusal of single judge has become final through failure to apply for rehearing by Court of Appeal ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 8 October 1983 p 532 Form 12—Oath for shorthand writer ins reg pubd gaz 29 August 1914 pp 885–900 sub reg pubd gaz 13 March 1954 p 977 Form 13—Declaration verifying transcript of shorthand notes ins reg pubd gaz 29 August 1914 pp 885–900 Form 14—Recognizance of bail of Appellant and sureties under section 668B ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8
347 Criminal Practice Rules 1900 Form 15—Recognizance of bail of Appellant and sureties of new trial under section 669 ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 16—Recognizance of bail of Appellant and sureties under section 671G ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 17—Recognizance of bail of Appellant and sureties on stay of proceedings under section 672(1) ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 18—Recognizance of bail of Appellant and sureties on further appeal by the Crown Law Officer under section 672(2) ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 19—Notice to Superintendent to release Appellant on bail ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 20—Certificate to surety ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 21—Information of surety for arrest of Appellant ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 22—Warrant on information of surety ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 23—Commitment of Appellant on surety’s information ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 24—Warrant for arrest of appellant on bail ins reg pubd gaz 29 August 1914 pp 885–900 Form 25—Warrant for re-arrest of appellant on appeal by Crown law officer ins reg pubd gaz 29 August 1914 pp 885–900 Form 26—Recognisance of appellant sentenced to payment of a fine ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Form 27—Recognisance of sureties for appellants sentenced to payment of a fine ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Form 28—Notice to appellant sentenced to fine, of breach of his [or her]
348 Criminal Practice Rules 1900 recognisance ins reg pubd gaz 29 August 1914 pp 885–900 Form 29—Notice to surety for appellant of estreat of recognisance ins reg pubd gaz 29 August 1914 pp 885–900 Form 30—Caption for deposition of witness examined before examiner ins reg pubd gaz 29 August 1914 pp 885–900 Form 31—Order to witness to attend court for examination ins reg pubd gaz 29 August 1914 pp 885–900 Form 32—Appellant’s application for further witnesses ins reg pubd gaz 29 August 1914 pp 885–900 Form 33—Notice to witness to attend before examiner ins reg pubd gaz 29 August 1914 pp 885–900 Form 34—Registrar’s certificate of expenses ins reg pubd gaz 29 August 1914 pp 885–900 Form 35—Order by single judge under section 671L ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Form 36—Order of the Court of Appeal ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388 sub reg pubd gaz 4 July 1981 pp 1797–8 Form 37—Order quashing conviction ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 38—Order quashing sentence ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 39—Order dismissing appeal ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 40—Form of order to superintendent of prisons after dismissal of appeal to take appellant on bail into custody ins reg pubd gaz 29 August 1914 pp 885–900 Form 41—Notification to Crown Law Officer, Superintendent of Prison, and Comptroller-general of Prisons of result of application under section 671L ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388 om reg pubd gaz 4 July 1981 pp 1797–8
349 Criminal Practice Rules 1900 Form 42—Notification to the Crown Law Officer, Superintendent of Prison, and Comptroller-general of Prisons of result of final hearing of appeal ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 43—Notification of order granting new trial under section 669 ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 44—Notification to appellant of order staying execution of order quashing conviction under section 672(1) ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Form 45—Notification to appellant of order for detention or admission to bail pending appeal by the Crown law officer to High Court under section 672(2) ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Form 46—Form of order to superintendent of prison where the High Court reverse the order of the Court of Appeal quashing a conviction ins reg pubd gaz 29 August 1914 pp 885–900 © State of Queensland 1996