Section 658 — Criminal Code Act 1899 (Queensland) — Barrister AI

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Section 658 — 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 10s 545AChapter does not apply to police officers s 546Arrest without warrant generally s 547Arrest without warrant in special cases s 547AArrest of persons found committing offences on aircraft s 548Arrest of persons found committing offences s 549Arrest of offender committing indictable offences by night s 550Arrest during flight s 551Arrest of persons offering stolen property for sale etc.s 552Duty of persons arresting s 552ACharges of indictable offences that must be heard and decided summarily on prosecution election s 552BCharges of indictable offences that must be heard and decided summarily unless defendant elects for jury trial s 552BACharges of indictable offences that must be heard and decided summarily s 552BBExcluded offences s 552CConstitution of Magistrates Court s 552DWhen Magistrates Court must abstain from jurisdiction s 552ECharge may be heard and decided where defendant arrested or served s 552FTime for prosecution s 552GValue of property affecting jurisdiction to be decided by Magistrates Court s 552HMaximum penalty for indictable offences dealt with summarily s 552IProcedure under s 552B s 552JAppeals against decision to decide charge summarily s 553Jurisdiction s 554Preliminary proceedings on charges of indictable offences s 555 s 555A s 556 s 557Place of trial s 558Persons brought before wrong court s 559Change of place of trial s 559ADefinition for ch 60 s 560Presenting indictments s 560APlace where indictment is presented s 561Ex officio indictments s 562Arrest of person charged in ex officio indictment s 563Nolle prosequi s 564Form of indictment s 565General rules applicable to indictments s 566Particular indictments s 567Joinder of charges s 568Cases in which several charges may be joined s 569Accessories s 570Statement of previous conviction s 571Formal defects s 572Amendment of indictments s 573Particulars s 574Summary convictions s 575Offences involving circumstances of aggravation s 575AEvidence at murder trial s 576Indictment containing count of murder or manslaughter s 577Charge of homicide of child s 578Charge of offence of a sexual nature s 579Charge of specific injury—charge of injury with specific intent s 580Charge of injury to property s 581Offences of dishonesty s 582Charge of procuring commission of offence or wrongful act s 583Conviction for attempt to commit offence s 584When evidence shows offence of similar nature s 585Effect of conviction s 586Corrupt practices s 587Illegal practices s 588Charge of stealing stock s 588ACharges of stealing certain animals and of killing certain animals with intent to steal s 589Indictment for joint receiving s 589AIndictment for using or disclosing knowledge of match-fixing conduct or match-fixing arrangement for betting s 590Bringing accused to trial s 590AAPre-trial directions and rulings s 590AAANoncompliance with direction about disclosure s 590ABDisclosure obligation s 590ACChapter division does not have particular consequences s 590ADDefinitions for ch div 3 s 590AEMeaning of possession of the prosecution s 590AFMeaning of sensitive evidence s 590AFAMeaning of Evidence Act section 93A device statement s 590AGParticular references to an accused person include references to a lawyer acting for the accused person s 590AHDisclosure that must always be made s 590AIWhen mandatory disclosure must be made s 590AJDisclosure that must be made on request s 590AKWhen requested disclosure must be made s 590ALOngoing obligation to disclose s 590AMHow disclosure may be made s 590ANLimit on disclosure of things accused person already has s 590AOLimit on disclosure of sensitive evidence s 590AOAEvidence Act section 93A device statement s 590AOBDisclosure of recorded statement s 590APLimit on disclosure of witness contact details s 590APAProtected counselling communications s 590AQLimit on disclosure contrary to the public interest s 590ARViewing evidence that is not original evidence s 590ASViewing particular original evidence—generally s 590ASAViewing bodies of deceased persons s 590ATAccused person may waive entitlement s 590AUCourt may waive requirement s 590AVDisclosure directions under particular provisions s 590AWWhen issues about disclosure must be resolved s 590AXUnauthorised copying of sensitive evidence s 590ANotice of alibi s 590BAdvance notice of expert evidence s 590BAAdvance notice of intention to rely on expert evidence under s 348A s 590CAdvance notice of representation if person who made it is unavailable s 590DPurpose and scope of ch div 4A s 590EDefinitions for ch div 4A s 590FSubject matter for disclosure obligation direction s 590GApplication for disclosure obligation direction s 591Accelerating trial of persons not under committal s 592Adjournment of trial s 593Directions as to trial upon adjournment s 593AWarrant to bring witness before court s 593B s 594APresence in court and plea where accused person is a corporation s 595Delivery of copy of indictment s 596Motion to quash indictment s 597Misnomer s 597ASeparate trials where 2 or more charges against the same person s 597BSeparate trials s 597CAccused person to be called on to plead to indictment s 598Pleas s 599Defence of justification for defamation to be specially pleaded s 600Persons committed for sentence s 601Standing mute s 602Plea of autrefois convict or autrefois acquit s 603Trial on plea to the jurisdiction s 604Trial by jury s 605Demurrer s 608 s 609 s 610 s 611 s 612 s 613Want of understanding of accused person s 614Application for order s 615Making a no jury order s 615AMore than 1 charge or accused person s 615BLaw and procedure to be applied s 615CJudge’s verdict and judgment s 615DParticular proceedings excluded from application s 615EReferences to trial by jury s 616Defence by counsel s 617Presence of accused s 617AJuries s 618Evidence in defence s 618A s 619Speeches by counsel s 620Summing up s 621 s 622 s 623 s 624Special verdict s 625General verdict on charge of defamation s 626 s 627 s 628 s 629 s 630Procedure on charge of an offence committed after previous conviction s 631Further pleas s 631APlea of guilty during trial s 632Corroboration s 633 s 634Evidence on trials for perjury and subornation s 635Evidence of previous conviction s 636Evidence of blood relationship s 637 s 638Evidence of authority s 639Averments about public officers and public service officers or employees s 640 s 641Evidence on certain charges of stealing money s 642Evidence on charges relating to seals and stamps s 643Intention to injure, deceive or defraud s 644Admissions s 644AWitness giving incriminating answers s 644BNon-attendance of individual s 644CNon-attendance of corporation s 644DNoncompliance is contempt of court s 645Accused person insane during trial s 646Discharge of persons acquitted s 647Acquittal on ground of insanity s 648Convicted person to be called on to show cause s 649Arrest of judgment s 650Sentence s 651Court may decide summary offences if a person is charged on indictment s 652Proceedings to transmit charge for summary offence s 653Remission of proceedings to court exercising summary jurisdiction s 654 s 655 s 656 s 657 s 657A s 658 s 659Effect of summary conviction for indictable offences s 659A s 659B s 659C s 659D s 659E s 659F s 659G s 659H s 659I s 660Costs of prosecution in certain cases s 661 s 662Taxation s 663 s 663A s 663AA s 663B s 663BA s 663C s 663D s 663E s 664 s 665 s 666 s 667 s 668Definitions for chapter s 668AAApplication of chapter division s 668AReference by Crown Law Officer of pre-trial direction or ruling s 668BReservation of points of law s 668CAppeal from arrest of judgment s 668DRight of appeal s 668EDetermination of appeal in ordinary cases s 668FPowers of Court in special cases s 669Power to grant new trial s 669AAppeal by Attorney-General or Crown Law Officer s 670Revesting and restitution of property on conviction s 671Time for appealing s 671AADefinitions for chapter division s 671ABFresh and compelling evidence and new and compelling evidence—meanings s 671ACRight of subsequent appeal s 671ADEvidence in proceedings for subsequent appeal s 671AEDetermination of subsequent appeal s 671AFDirections, orders etc. on allowed subsequent appeal s 671AJudge’s notes and report to be furnished on appeal s 671BSupplemental powers s 671C s 671DRight of appellant to be present s 671EAppeals and subsequent appeals permitted in writing s 671FCosts of appeal or subsequent appeal s 671GGrant of bail to appellant and custody when attending Court s 671HDuties of registrar s 671JDocuments, exhibits etc.s 671KRecords of proceedings s 671LPowers exercisable by a judge s 672Appeals from the decisions of the Court s 672APardoning power preserved s 673 s 674 s 675Conditional remission of sentence by Governor s 676Pardon in case of imprisonment for non-payment of money s 677Effect of pardon s 678Definitions for chapter s 678AApplication of ch 68 s 678BCourt may order retrial for murder—fresh and compelling evidence s 678BACourt may order retrial for prescribed offence—fresh and compelling evidence s 678CCourt may order retrial for 25 year offence—tainted acquittal s 678DFresh and compelling evidence—meaning s 678ETainted acquittal—meaning s 678FInterests of justice—matters for consideration s 678GApplication for retrial—procedure s 678HRetrial s 678IAuthorisation of police investigations s 678JBail s 678KRestrictions on publication s 679 s 679ASearch of aircraft s 679B s 680Property found on offenders on arrest s 680A s 681 s 682Disposal of property seized s 683Explosives s 684 s 685 s 685A s 685BOrders for delivery of certain property s 686Information by leave of the court by private prosecutors s 687Security to be given by prosecutor for costs of defence s 688Service of information s 689Plea s 690Default of plea s 691Time and place of trial s 692Effect of judgment for prosecutor on demurrer s 693Effect of judgment by default s 694Costs of defence s 695Practice to be applied on ex officio indictment s 695APower to protect victim of violence by prohibiting publication of information about proceedings s 696Warrant for release of person detained in custody s 697Court may direct certain persons to be prosecuted for perjury s 698 s 699Staying prosecution for publication of parliamentary paper s 700Certificate of dismissal by justices s 701 s 702Saving of civil remedies s 703 s 704No court fees in criminal cases s 705Copies of depositions to be allowed to persons committed for trial s 706Inspection of depositions at trial s 706ADevelopment of administrative arrangements s 707Forms of criminal proceedings s 708Regulation-making power s 708ASchedule 1 — The Criminal Code

Section Whole Act

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Sch 1 (The Criminal Code), s 658

In force

Schedule 1—The Criminal Code

Part 8—Procedure

658

sch 1 pt 8 ch 64 s 658 om 1992 No. 48 s 207 sch

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