For purposes of s 11(1) of the Criminal Code (Qld), a person is 'charged' when initially charged by police upon arrest, not when the indictment is presented at trial. Section 20 of the Acts Interpretation Act 1954 (Qld) preserves both the offence and the penalty where a criminal provision is repealed after the offence was committed and the accused was charged, because a penalty is 'incurred' at the time the offence is committed. A trial judge directing the jury on the law as it stood at the time of the offences, rather than as amended at the time of trial, does not cause a miscarriage of justice where the charges remain valid.
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