Section 628 — Criminal Code Act 1899 (Queensland) — Barrister AI

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Section 628 — Criminal Code Act 1899 (Queensland) — Barrister AI

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s 1Short title s 2Establishment of Code—schedule 1 s 3Saving s 4Construction of statutes, statutory rules, and other instruments s 5Provisions of Code exclusive with certain exceptions s 6Civil remedies s 7Offender may be prosecuted under Code or other statute s 8Contempt of court s 9 s 10Schedule 1 — The Criminal Code Part 1 — Introductory Part 2 — Offences against public orderPart 3 — Offences against the administration of law and justice, against office and against public authorityPart 4 — Acts injurious to the public in general Part 5 — Offences against the person and relating to marriage and parental rights and dutiesPart 7 — Preparation to commit offences—conspiracy— accessories after the factPart 8 — Procedure Sch 1 (The Criminal Code), s 546Arrest without warrant generally Sch 1 (The Criminal Code), s 547Arrest without warrant in special cases Sch 1 (The Criminal Code), s 547AArrest of persons found committing offences on aircraft Sch 1 (The Criminal Code), s 548Arrest of persons found committing offences Sch 1 (The Criminal Code), s 549Arrest of offender committing indictable offences by night Sch 1 (The Criminal Code), s 550Arrest during flight Sch 1 (The Criminal Code), s 551Arrest of persons offering stolen property for sale etc.Sch 1 (The Criminal Code), s 552Duty of persons arresting Sch 1 (The Criminal Code), s 552ACharges of indictable offences that must be heard and decided summarily on prosecution election Sch 1 (The Criminal Code), s 552BCharges of indictable offences that must be heard and decided summarily unless defendant elects for jury trial Sch 1 (The Criminal Code), s 552BACharges of indictable offences that must be heard and decided summarily Sch 1 (The Criminal Code), s 552BBExcluded offences Sch 1 (The Criminal Code), s 552CConstitution of Magistrates Court Sch 1 (The Criminal Code), s 552DWhen Magistrates Court must abstain from jurisdiction Sch 1 (The Criminal Code), s 552ECharge may be heard and decided where defendant arrested or served Sch 1 (The Criminal Code), s 552FTime for prosecution Sch 1 (The Criminal Code), s 552GValue of property affecting jurisdiction to be decided by Magistrates Court Sch 1 (The Criminal Code), s 552HMaximum penalty for indictable offences dealt with summarily Sch 1 (The Criminal Code), s 552IProcedure under s 552B Sch 1 (The Criminal Code), s 552JAppeals against decision to decide charge summarily Sch 1 (The Criminal Code), s 553Jurisdiction Sch 1 (The Criminal Code), s 554Preliminary proceedings on charges of indictable offences Sch 1 (The Criminal Code), s 555 Sch 1 (The Criminal Code), s 555A Sch 1 (The Criminal Code), s 556 Sch 1 (The Criminal Code), s 557Place of trial Sch 1 (The Criminal Code), s 558Persons brought before wrong court Sch 1 (The Criminal Code), s 559Change of place of trial Sch 1 (The Criminal Code), s 559ADefinition for ch 60 Sch 1 (The Criminal Code), s 560Presenting indictments Sch 1 (The Criminal Code), s 560APlace where indictment is presented Sch 1 (The Criminal Code), s 561Ex officio indictments Sch 1 (The Criminal Code), s 562Arrest of person charged in ex officio indictment Sch 1 (The Criminal Code), s 563Nolle prosequi Sch 1 (The Criminal Code), s 564Form of indictment Sch 1 (The Criminal Code), s 565General rules applicable to indictments Sch 1 (The Criminal Code), s 566Particular indictments Sch 1 (The Criminal Code), s 567Joinder of charges Sch 1 (The Criminal Code), s 568Cases in which several charges may be joined Sch 1 (The Criminal Code), s 569Accessories Sch 1 (The Criminal Code), s 570Statement of previous conviction Sch 1 (The Criminal Code), s 571Formal defects Sch 1 (The Criminal Code), s 572Amendment of indictments Sch 1 (The Criminal Code), s 573Particulars Sch 1 (The Criminal Code), s 574Summary convictions Sch 1 (The Criminal Code), s 575Offences involving circumstances of aggravation Sch 1 (The Criminal Code), s 575AEvidence at murder trial Sch 1 (The Criminal Code), s 576Indictment containing count of murder or manslaughter Sch 1 (The Criminal Code), s 577Charge of homicide of child Sch 1 (The Criminal Code), s 578Charge of offence of a sexual nature Sch 1 (The Criminal Code), s 579Charge of specific injury—charge of injury with specific intent Sch 1 (The Criminal Code), s 580Charge of injury to property Sch 1 (The Criminal Code), s 581Offences of dishonesty Sch 1 (The Criminal Code), s 582Charge of procuring commission of offence or wrongful act Sch 1 (The Criminal Code), s 583Conviction for attempt to commit offence Sch 1 (The Criminal Code), s 584When evidence shows offence of similar nature Sch 1 (The Criminal Code), s 585Effect of conviction Sch 1 (The Criminal Code), s 586Corrupt practices Sch 1 (The Criminal Code), s 587Illegal practices Sch 1 (The Criminal Code), s 588Charge of stealing stock Sch 1 (The Criminal Code), s 588ACharges of stealing certain animals and of killing certain animals with intent to steal Sch 1 (The Criminal Code), s 589Indictment for joint receiving Sch 1 (The Criminal Code), s 589AIndictment for using or disclosing knowledge of match-fixing conduct or match-fixing arrangement for betting Sch 1 (The Criminal Code), s 590Bringing accused to trial Sch 1 (The Criminal Code), s 590AAPre-trial directions and rulings Sch 1 (The Criminal Code), s 590AAANoncompliance with direction about disclosure Sch 1 (The Criminal Code), s 590ABDisclosure obligation Sch 1 (The Criminal Code), s 590ACChapter division does not have particular consequences Sch 1 (The Criminal Code), s 590ADDefinitions for ch div 3 Sch 1 (The Criminal Code), s 590AEMeaning of possession of the prosecution Sch 1 (The Criminal Code), s 590AFMeaning of sensitive evidence Sch 1 (The Criminal Code), s 590AFAMeaning of Evidence Act section 93A device statement Sch 1 (The Criminal Code), s 590AGParticular references to an accused person include references to a lawyer acting for the accused person Sch 1 (The Criminal Code), s 590AHDisclosure that must always be made Sch 1 (The Criminal Code), s 590AIWhen mandatory disclosure must be made Sch 1 (The Criminal Code), s 590AJDisclosure that must be made on request Sch 1 (The Criminal Code), s 590AKWhen requested disclosure must be made Sch 1 (The Criminal Code), s 590ALOngoing obligation to disclose Sch 1 (The Criminal Code), s 590AMHow disclosure may be made Sch 1 (The Criminal Code), s 590ANLimit on disclosure of things accused person already has Sch 1 (The Criminal Code), s 590AOLimit on disclosure of sensitive evidence Sch 1 (The Criminal Code), s 590AOAEvidence Act section 93A device statement Sch 1 (The Criminal Code), s 590AOBDisclosure of recorded statement Sch 1 (The Criminal Code), s 590APLimit on disclosure of witness contact details Sch 1 (The Criminal Code), s 590APAProtected counselling communications Sch 1 (The Criminal Code), s 590AQLimit on disclosure contrary to the public interest Sch 1 (The Criminal Code), s 590ARViewing evidence that is not original evidence Sch 1 (The Criminal Code), s 590ASViewing particular original evidence—generally Sch 1 (The Criminal Code), s 590ASAViewing bodies of deceased persons Sch 1 (The Criminal Code), s 590ATAccused person may waive entitlement Sch 1 (The Criminal Code), s 590AUCourt may waive requirement Sch 1 (The Criminal Code), s 590AVDisclosure directions under particular provisions Sch 1 (The Criminal Code), s 590AWWhen issues about disclosure must be resolved Sch 1 (The Criminal Code), s 590AXUnauthorised copying of sensitive evidence Sch 1 (The Criminal Code), s 590ANotice of alibi Sch 1 (The Criminal Code), s 590BAdvance notice of expert evidence Sch 1 (The Criminal Code), s 590BAAdvance notice of intention to rely on expert evidence under s 348A Sch 1 (The Criminal Code), s 590CAdvance notice of representation if person who made it is unavailable Sch 1 (The Criminal Code), s 590DPurpose and scope of ch div 4A Sch 1 (The Criminal Code), s 590EDefinitions for ch div 4A Sch 1 (The Criminal Code), s 590FSubject matter for disclosure obligation direction Sch 1 (The Criminal Code), s 590GApplication for disclosure obligation direction Sch 1 (The Criminal Code), s 591Accelerating trial of persons not under committal Sch 1 (The Criminal Code), s 592Adjournment of trial Sch 1 (The Criminal Code), s 593Directions as to trial upon adjournment Sch 1 (The Criminal Code), s 593AWarrant to bring witness before court Sch 1 (The Criminal Code), s 593B Sch 1 (The Criminal Code), s 594APresence in court and plea where accused person is a corporation Sch 1 (The Criminal Code), s 595Delivery of copy of indictment Sch 1 (The Criminal Code), s 596Motion to quash indictment Sch 1 (The Criminal Code), s 597Misnomer Sch 1 (The Criminal Code), s 597ASeparate trials where 2 or more charges against the same person Sch 1 (The Criminal Code), s 597BSeparate trials Sch 1 (The Criminal Code), s 597CAccused person to be called on to plead to indictment Sch 1 (The Criminal Code), s 598Pleas Sch 1 (The Criminal Code), s 599Defence of justification for defamation to be specially pleaded Sch 1 (The Criminal Code), s 600Persons committed for sentence Sch 1 (The Criminal Code), s 601Standing mute Sch 1 (The Criminal Code), s 602Plea of autrefois convict or autrefois acquit Sch 1 (The Criminal Code), s 603Trial on plea to the jurisdiction Sch 1 (The Criminal Code), s 604Trial by jury Sch 1 (The Criminal Code), s 605Demurrer Sch 1 (The Criminal Code), s 608 Sch 1 (The Criminal Code), s 609 Sch 1 (The Criminal Code), s 610 Sch 1 (The Criminal Code), s 611 Sch 1 (The Criminal Code), s 612 Sch 1 (The Criminal Code), s 613Want of understanding of accused person Sch 1 (The Criminal Code), s 614Application for order Sch 1 (The Criminal Code), s 615Making a no jury order Sch 1 (The Criminal Code), s 615AMore than 1 charge or accused person Sch 1 (The Criminal Code), s 615BLaw and procedure to be applied Sch 1 (The Criminal Code), s 615CJudge’s verdict and judgment Sch 1 (The Criminal Code), s 615DParticular proceedings excluded from application Sch 1 (The Criminal Code), s 615EReferences to trial by jury Sch 1 (The Criminal Code), s 616Defence by counsel Sch 1 (The Criminal Code), s 617Presence of accused Sch 1 (The Criminal Code), s 617AJuries Sch 1 (The Criminal Code), s 618Evidence in defence Sch 1 (The Criminal Code), s 618A Sch 1 (The Criminal Code), s 619Speeches by counsel Sch 1 (The Criminal Code), s 620Summing up Sch 1 (The Criminal Code), s 621 Sch 1 (The Criminal Code), s 622 Sch 1 (The Criminal Code), s 623 Sch 1 (The Criminal Code), s 624Special verdict Sch 1 (The Criminal Code), s 625General verdict on charge of defamation Sch 1 (The Criminal Code), s 626 Sch 1 (The Criminal Code), s 627 Sch 1 (The Criminal Code), s 628 Sch 1 (The Criminal Code), s 629 Sch 1 (The Criminal Code), s 630Procedure on charge of an offence committed after previous conviction Sch 1 (The Criminal Code), s 631Further pleas Sch 1 (The Criminal Code), s 631APlea of guilty during trial Sch 1 (The Criminal Code), s 632Corroboration Sch 1 (The Criminal Code), s 633 Sch 1 (The Criminal Code), s 634Evidence on trials for perjury and subornation Sch 1 (The Criminal Code), s 635Evidence of previous conviction Sch 1 (The Criminal Code), s 636Evidence of blood relationship Sch 1 (The Criminal Code), s 637 Sch 1 (The Criminal Code), s 638Evidence of authority Sch 1 (The Criminal Code), s 639Averments about public officers and public service officers or employees Sch 1 (The Criminal Code), s 640 Sch 1 (The Criminal Code), s 641Evidence on certain charges of stealing money Sch 1 (The Criminal Code), s 642Evidence on charges relating to seals and stamps Sch 1 (The Criminal Code), s 643Intention to injure, deceive or defraud Sch 1 (The Criminal Code), s 644Admissions Sch 1 (The Criminal Code), s 644AWitness giving incriminating answers Sch 1 (The Criminal Code), s 644BNon-attendance of individual Sch 1 (The Criminal Code), s 644CNon-attendance of corporation Sch 1 (The Criminal Code), s 644DNoncompliance is contempt of court Sch 1 (The Criminal Code), s 645Accused person insane during trial Sch 1 (The Criminal Code), s 646Discharge of persons acquitted Sch 1 (The Criminal Code), s 647Acquittal on ground of insanity Sch 1 (The Criminal Code), s 648Convicted person to be called on to show cause Sch 1 (The Criminal Code), s 649Arrest of judgment Sch 1 (The Criminal Code), s 650Sentence Sch 1 (The Criminal Code), s 651Court may decide summary offences if a person is charged on indictment Sch 1 (The Criminal Code), s 652Proceedings to transmit charge for summary offence Sch 1 (The Criminal Code), s 653Remission of proceedings to court exercising summary jurisdiction Sch 1 (The Criminal Code), s 654 Sch 1 (The Criminal Code), s 655 Sch 1 (The Criminal Code), s 656 Sch 1 (The Criminal Code), s 657 Sch 1 (The Criminal Code), s 657A Sch 1 (The Criminal Code), s 658 Sch 1 (The Criminal Code), s 659Effect of summary conviction for indictable offences Sch 1 (The Criminal Code), s 659A Sch 1 (The Criminal Code), s 659B Sch 1 (The Criminal Code), s 659C Sch 1 (The Criminal Code), s 659D Sch 1 (The Criminal Code), s 659E Sch 1 (The Criminal Code), s 659F Sch 1 (The Criminal Code), s 659G Sch 1 (The Criminal Code), s 659H Sch 1 (The Criminal Code), s 659I Sch 1 (The Criminal Code), s 660Costs of prosecution in certain cases Sch 1 (The Criminal Code), s 661 Sch 1 (The Criminal Code), s 662Taxation Sch 1 (The Criminal Code), s 663 Sch 1 (The Criminal Code), s 663A Sch 1 (The Criminal Code), s 663AA Sch 1 (The Criminal Code), s 663B Sch 1 (The Criminal Code), s 663BA Sch 1 (The Criminal Code), s 663C Sch 1 (The Criminal Code), s 663D Sch 1 (The Criminal Code), s 663E Sch 1 (The Criminal Code), s 664 Sch 1 (The Criminal Code), s 665 Sch 1 (The Criminal Code), s 666 Sch 1 (The Criminal Code), s 667 Sch 1 (The Criminal Code), s 668Definitions for chapter Sch 1 (The Criminal Code), s 668AAApplication of chapter division Sch 1 (The Criminal Code), s 668AReference by Crown Law Officer of pre-trial direction or ruling Sch 1 (The Criminal Code), s 668BReservation of points of law Sch 1 (The Criminal Code), s 668CAppeal from arrest of judgment Sch 1 (The Criminal Code), s 668DRight of appeal Sch 1 (The Criminal Code), s 668EDetermination of appeal in ordinary cases Sch 1 (The Criminal Code), s 668FPowers of Court in special cases Sch 1 (The Criminal Code), s 669Power to grant new trial Sch 1 (The Criminal Code), s 669AAppeal by Attorney-General or Crown Law Officer Sch 1 (The Criminal Code), s 670Revesting and restitution of property on conviction Sch 1 (The Criminal Code), s 671Time for appealing Sch 1 (The Criminal Code), s 671AADefinitions for chapter division Sch 1 (The Criminal Code), s 671ABFresh and compelling evidence and new and compelling evidence—meanings Sch 1 (The Criminal Code), s 671ACRight of subsequent appeal Sch 1 (The Criminal Code), s 671ADEvidence in proceedings for subsequent appeal Sch 1 (The Criminal Code), s 671AEDetermination of subsequent appeal Sch 1 (The Criminal Code), s 671AFDirections, orders etc. on allowed subsequent appeal Sch 1 (The Criminal Code), s 671AJudge’s notes and report to be furnished on appeal Sch 1 (The Criminal Code), s 671BSupplemental powers Sch 1 (The Criminal Code), s 671C Sch 1 (The Criminal Code), s 671DRight of appellant to be present Sch 1 (The Criminal Code), s 671EAppeals and subsequent appeals permitted in writing Sch 1 (The Criminal Code), s 671FCosts of appeal or subsequent appeal Sch 1 (The Criminal Code), s 671GGrant of bail to appellant and custody when attending Court Sch 1 (The Criminal Code), s 671HDuties of registrar Sch 1 (The Criminal Code), s 671JDocuments, exhibits etc.Sch 1 (The Criminal Code), s 671KRecords of proceedings Sch 1 (The Criminal Code), s 671LPowers exercisable by a judge Sch 1 (The Criminal Code), s 672Appeals from the decisions of the Court Sch 1 (The Criminal Code), s 672APardoning power preserved Sch 1 (The Criminal Code), s 673 Sch 1 (The Criminal Code), s 674 Sch 1 (The Criminal Code), s 675Conditional remission of sentence by Governor Sch 1 (The Criminal Code), s 676Pardon in case of imprisonment for non-payment of money Sch 1 (The Criminal Code), s 677Effect of pardon Sch 1 (The Criminal Code), s 678Definitions for chapter Sch 1 (The Criminal Code), s 678AApplication of ch 68 Sch 1 (The Criminal Code), s 678BCourt may order retrial for murder—fresh and compelling evidence Sch 1 (The Criminal Code), s 678BACourt may order retrial for prescribed offence—fresh and compelling evidence Sch 1 (The Criminal Code), s 678CCourt may order retrial for 25 year offence—tainted acquittal Sch 1 (The Criminal Code), s 678DFresh and compelling evidence—meaning Sch 1 (The Criminal Code), s 678ETainted acquittal—meaning Sch 1 (The Criminal Code), s 678FInterests of justice—matters for consideration Sch 1 (The Criminal Code), s 678GApplication for retrial—procedure Sch 1 (The Criminal Code), s 678HRetrial Sch 1 (The Criminal Code), s 678IAuthorisation of police investigations Sch 1 (The Criminal Code), s 678JBail Sch 1 (The Criminal Code), s 678KRestrictions on publication Sch 1 (The Criminal Code), s 679 Sch 1 (The Criminal Code), s 679ASearch of aircraft Sch 1 (The Criminal Code), s 679B Sch 1 (The Criminal Code), s 680Property found on offenders on arrest Sch 1 (The Criminal Code), s 680A Sch 1 (The Criminal Code), s 681 Sch 1 (The Criminal Code), s 682Disposal of property seized Sch 1 (The Criminal Code), s 683Explosives Sch 1 (The Criminal Code), s 684 Sch 1 (The Criminal Code), s 685 Sch 1 (The Criminal Code), s 685A Sch 1 (The Criminal Code), s 685BOrders for delivery of certain property Sch 1 (The Criminal Code), s 686Information by leave of the court by private prosecutors Sch 1 (The Criminal Code), s 687Security to be given by prosecutor for costs of defence Sch 1 (The Criminal Code), s 688Service of information Sch 1 (The Criminal Code), s 689Plea Sch 1 (The Criminal Code), s 690Default of plea Sch 1 (The Criminal Code), s 691Time and place of trial Sch 1 (The Criminal Code), s 692Effect of judgment for prosecutor on demurrer Sch 1 (The Criminal Code), s 693Effect of judgment by default Sch 1 (The Criminal Code), s 694Costs of defence Sch 1 (The Criminal Code), s 695Practice to be applied on ex officio indictment Sch 1 (The Criminal Code), s 695APower to protect victim of violence by prohibiting publication of information about proceedings Sch 1 (The Criminal Code), s 696Warrant for release of person detained in custody Sch 1 (The Criminal Code), s 697Court may direct certain persons to be prosecuted for perjury Sch 1 (The Criminal Code), s 698 Sch 1 (The Criminal Code), s 699Staying prosecution for publication of parliamentary paper Sch 1 (The Criminal Code), s 700Certificate of dismissal by justices Sch 1 (The Criminal Code), s 701 Sch 1 (The Criminal Code), s 702Saving of civil remedies Sch 1 (The Criminal Code), s 703 Sch 1 (The Criminal Code), s 704No court fees in criminal cases Sch 1 (The Criminal Code), s 705Copies of depositions to be allowed to persons committed for trial Sch 1 (The Criminal Code), s 706Inspection of depositions at trial Sch 1 (The Criminal Code), s 706ADevelopment of administrative arrangements Sch 1 (The Criminal Code), s 707Forms of criminal proceedings Sch 1 (The Criminal Code), s 708Regulation-making power Sch 1 (The Criminal Code), s 708A Part 9 — Transitional and validation provisions

Section Whole Act

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Sch 1 (The Criminal Code), s 628

In force

Schedule 1—The Criminal Code

Part 8—Procedure

628

sch 1 pt 8 ch 62 ch div 11 s 628 amd 1976 No. 39 s 39

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