[Inserted by Rules published Gazette 29 November 1902, p, 12021.
NO. l.---SUBPCENA AD TESTIFICANDUM AFTER INDICTMENT OR INFORMATION PRESENTED.
In the Supreme Court of Queensland.
[or as the case may be].
The King against A.B.
EDWARD THE SEVENTH, &C.
To [the names ufany number of witnesses may be inserted].
Greeting:
We command you to attend before [describe the Court] at 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 o f the accused person (or persons) (or of the defendant (or defendants))].
on
Witness &c.
No. 2. SUBPCENA DUCES TECUM AFTER INDICTMENT OR INFORMATION PRESENTED.
(Title, &c., as in Form No. 1.) EDWARD THE SEVENTH, &C.
To [the names of not more than three 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 [specfy documents to be producea.Witness &c.
Sch. f.3 THE CRIMINAL PRACTICE RULES OF 1900 Sch. f.1 141 NO. 3.-SUBP(ENA AD TESTIFICANDUM AFTER COMMITTAL BUT BEFORE
INDICTMENT.
In the Supreme Court of Queensland.
EDWARD THE SEVENTH, &e.
To [the names of any number of witnesses may be inserted].
Greeting:
We command you to attend before [describe the Court] at on the 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 of stealing (or as the case may
lJ
e), and so from day to day until the said charge is tried.day of Witness &e.
NO. 4.-SUBPCENA DUCES TECUM AFTER COMMITTAL BUT BEFORE INDICTMENT.
(Title, &e., as in Form No. 3.) EDWARD THE SEVENTH, &e.
To [the names of not more than three 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 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 [spec& documents to be produced].Witness &e.
In the Supreme Court of Queensland.
[or as the case may be].
EDWARD THE SEVENTH, &e.
at the Supreme Court at Brisbane (or as the case may be), on NO. 5.--PRAiCIPE FOR SUBPENA.
The King against A.
Seal a Writ of Subpena ad testijicandum [or duces tecum directed to M.N.] returnable Dated &c.
[To be signed by the solicitor for the Crown or by the accused person or his solicitor.]
[Inserted by Rules published Gazette 29 August 1914, pp. 885-900; as amended by ules published Gazette 13 March 1954, p. 977; 6 July 1974, p. 1388; 6 December The Part was added by Rules of Court of August 24, 19 14. It appears to be incorrectly numbered, as Part XX., ante, was added by Rules of Court of November 24, 1902.
1980, p. 1404; 4 July 1981, pp. 1797-1798; 8 October 1983, p. 5321.
FORM I.
IN THE COURT OF CRIMINAL APPEAL OF QUEENSLAND.
THE KING v. A.B.
JUDGE’S CERTIFICATE.
(APPELLANT).
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
142 Sch. f.11 THE CRIMINAL PRACTICE RULES OF 1900 Sch. f.111
,
on an indictment charging him with [state shortly the ofence, e.g., larceny, murder, forgery, etc.] and was thereupon sentenced by me toto the Court of Criminal Appeal under section 6 6 8 ~ of the Criminal Code upon the following grounds:-[Here specifi in general Serrns the grounds on which cerlijicate granted. ]
I do hereby certify that the case is a fit case for an appeal by the said
(Signed)
Judge of Trial.
Dated this
Form 11. (Repealed).
day of of 19
.
FORM I11
IN THE COURT OF CRIMINAL APPEAL OF QUEENSLAND.
THE KING v.
(APPELLANT).
NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEAL AGAINST CONVICTION OR SENTENCE.
To the Registrar of the Court of Criminal Appeal.
Name of appellant:
Convicted at the ( I )
held at Offence of which convicted (2):
Sentence:
Date when convicted:
Date when sentence passed:
Name of prison (3):
I, the above-named appellant, hereby give you notice that I desire to appeal to the Court of Criminal Appeal against my conviction (4)
and
against my sentence (5)
on the grounds hereinafter set forth on page 2 of this notice.
(Signed) ( 6 )
(Appellane).
Dated this (7) day of
,
A.D. 19The appellant must answer the following questions:- Question.
Did the Judge before whom 1.
were tried grant you a certificate that it was a fit case for appeal?
Answer
Sch. f.IIIA THE CRIMINAL PRACTICE RULES OF 1900 Sch. f.IIIA 143 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 for yourself!
(c) Is any solicitor now acting for you? If so, give his name and address.
Do you desire to be present when the Court considers your case?
Do you desire to apply for leave to If your answer to this question is
‘‘Yes,’’ you must obtain Form XXXII., fill it up, and forward it with this notice.
3.
4. call any witnesses on your
These must be filled in before the notice is sent to the Registrar.
You must here set out the.qounds or reasons ou allege why your convrction should be quasied or your sentence reduced.
You can also, if you wish, set out, in addition to your above reasons, your case and argument fully.
Grounds of appeal or application:
(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 ou admit that you are guilty, or only desire to appeal against your sentence, cross out t i e 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 cannot write he must affix his 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 14 da s after the conviction or sentence appealed against, the appellant must obtain and fill in Ebrm IV., and send it with this notice.
FORM IIIA.
IN THE COURT OF CRIMINAL APPEAL OF QUEENSLAND against
(Name of Respondent)
THE QUEEN
ATTORNEY-GENERAL OF QUEENSLAND
(Appellant) NOTICE OF APPEAL AGAINST SENTENCE
To the Registrar of the Court of Criminal Appeal:
Name of Appellant: ATTORNEY-GENERAL OF QUEENSLAND Name of Respondent:
Convicted at (Name court where conviction was imposed).
144 Sch. LIIIB THE CRIMINAL PRACTICE RULES OF 1900 Scb, f.IV Offence of which convicted (Name the ofence upon which the Respondent was Sentence: (State sentence imposed by Court).
Date when convicted:
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 Criminal Appeal against the sentence imposed on the abovenamed Respondent on the grounds hereinafter set forth in this Notice.
convicted).
Dated this day of
,
19.
Attorney-General of Queensland.
GROUNDS OF APPEAL (State ground or grounds of appeal)
IIIB
IN THE COURT OF CRIMINAL APPEAL OF QUEENSLAND IN RE (Name ofperson Acquitted)
REFERENCE BY ATTORNEY-GENERAL UNDER SECTION 6 6 9 ~ OF THE CRIMINAL CODE
To the Registrar of the Court of Criminal Appeal:
Name of Person Acquitted
1. (State date of such acquittal and name court which heard the charge of which (State charge or charges which were heard against the person acquitted.)
2. (State briejly the facts giving rise to the said charge or charges and set out briejly 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(§) of law that arose at the said trial to the Court of Criminal Appeal for its consideration and opinion thereon:-
person was acquitted.)
(State point or points of law to be referred to the Court of Criminal Appeal.)
Dated this day of , 19
.
Attorney-General of Queensland.
FORM 1V.
IN THE COURT OF CRIMINAL APPEAL OF QUEENSLAND.
THE K I N G V .
(APPELLANT).
NOTICE OF APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO APPEAL.
To the Registrar of the Court of Criminal Appeal.
the ofence-e.g., 1, stealing, murder, forgery, etc.] having been convicted of the offence of at the Court of [here state the nature of
,
held atSch. f.V THE CRIMINAL PRACTICE RULES OF 1900 Sch. LVPH 145
,
in this Of on theday of , and being now a prkoner in his 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 Criminal Appeal for an extension o the time within which I may give notice of appeal (or notice of ap lication for leave to
$i!zy in giving such notice, and l i e grounds on which you submit the Court should extend the time].
,
A.D., 191
a eal) on the grounds followin [here set out clearly and concise
P
y the reason for the Signed:(or mark) Appellant.
(Signature and address of witness attesting mark.)
Dated this day of , 19 a
[Form No. HI. must be filled up and sent with this notice to the Registrar.]
Form V. (Repealed).
FORM VI.
IN THE COURT OF CRIMINAL APPEAL OF QUEENSLAND.
THE U N G V.
(APPELLANT).
NOTICE OF A ~ A ~ D O ~ ~ ~ ~ T .
To the Registrar of the Court of Criminal Appeal.
I,
,
having been convicted of at the criminal sittings at [Circuit Court at QY Distnct Court at] and having been desirous of appealing and having duly sent notice to that effect to the Court of Criminal Appeal against my said conviction [or the sentence of passed upon me on my said convlctisn]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) Bated this
RI
day of 19
.
FORM VIT.
IN THE COURT OF CRTMINAL APPEAL OF QUEENSLAND.
THE ]EoNG V.
(APPELLANT).
~ ~ ~ I ~ C A T I O N TO APPELLANT OF JUDGE'S DECISION UNDER SECTION 6 7 1 ~ .
I hereby give you notice that a Judge of the Court of Criminal Appeal having (a) leave to appeal;
(b) for extension of time within which notice of appeal or of application for leave to appeal may be given;
(c) permission to you to be present at the hearing of any proceedings in relation to your appeal;
considered your application for-
Strike out any of them which
6
ave not been made or have been granted.!.]I
has refused the applications marked
marked
1.
(and has granted your applications146 Sch. KVIII THE CRIMINAL PRACTICE RULE§ OF 1900 Sch. f.XI If you desire to have the above-mentioned applications which have been refused determined by the Court of Criminal Appeal, you are required to fill up the enclosed form and return it to me forthwith.
Dated this day of 19
.
(Signed) To the above-named
Registrar.
FORM VIII.
THE KING v.
IN THE COURT OF CRIMINAL APPEAL OF QUEENSLAND.
(APPELLANT).
NOTICE OF APPLICATION FOR REHEARING BY COURT OF CRIMINAL APPEAL UNDER SECTION 6 7 1 ~ .
R. v.
k
having received your notification that my applications for- (a) leave to appeal;@) for extension of the time within which notice of appeal or application for leave to appeal may be given;
. (c) permission to me to be present at the hear- ing of any proceedings in relation to my appeal;
Strike out any of those which
4
ave not been made or which have been granted.]have been refused;
do hereby 've you notice that 1 desire that the said applications shall be considered and determinedgby the Court of Criminal Appeal and that as I am not legal1 represented you I desire to be present at the determination do not desire to be present.] o
I"
my said application.] ['Strize out thisif
(Signed)
Appellant.
itness attesting mark.
To the Registrar of the Court of Criminal 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 Criminal Appeal. should grant your said applications, you may do so in the space below.
FORMS IX, X. (Repealed).
FORM XI.
IN THE COURT OF CRIMINAL APPEAL OF QUEENSLAND.
THE KING V.
(APPELLANT).
FAILURE TO APPLY FOR REHEARING BY COURT OF CRIMINAL APPEAL.
NOTICE THAT
To the Crown Law Officer.
To the Comptroller-General of Prisons.
To the Superintendent of his Majesty's prison at To the Proper Officer of (Court of Trial).
This is to give you notice that the above-named appellant having applied for leave to appeal against for the offence of > at , and the said EFUSAL OF SINGLE JUDGE HAS BECOME FINAL THROUGH
Sch. f.XI[II THE CRIMINAL PRACTICE RULES O F 1900 Sch. f.XXIV 147 application having, on the day of
,
19,
been refused by a Judge of the Court of Criminal Appeal, and notification of the refusal having been given to the appellant on the day of,
19,
enclosing Form VIII. of the forms under the Criminal Appeal Rules, and the said form not having been returned to me duly filled up by the appellant, the refusal of his application is final by virtue of Rule 24 of the Criminal Appeal Rules.Registrar of the Court of Criminal Appeal.
Dated this day of
,
19.
FORM XII.
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 section 6 7 1 ~ of The Criminal Code of Queensland.
So help you God!
FORM XIII.
THE KING v.
IN THE COURT OF CRIMINAL APPEAL OF QUEENSLAND.
(APPELLANT).
DECLARATION VERIFYING TRANSCRIPT O F SHORTHAND NOTES.
,
do solemnly and sincerely declare that, having been required by the Registrar of the Court of Criminal Appeal to furnish to him a transcript of the shorthand note relating to the trial [or other proceeding] in relation towhich 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 of 1867.”I, Y of
Dated this day of 3 19
.
(Signed) FORMS XIV-XXIII. (Repealed).
FORM XXIV
IN THE COURT OF CRIMINAL APPEAL OF QUEENSLAND.
THE KING 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 his Majesty’s prison at
(Warrant issued by Court of Appeal.)
,
an appellant in the Court of Criminal 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 saidWhereas
148 Sch. LXXV THE CRIMINAL PRACTICE RULES OF 1900 Sch. f.XXVI These are therefore to command you the said constables forthwith to apprehend the said and to bring him to the Superintendent of the said prison, and there deliver him 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 until further order of the said court.
(Signed)
(President of the Court of Criminal Appeal.)
Dated this day of 19
.
FORM XXV.
IN THE COURT OF CRIMINAL APPEAL OF QUEENSLAND.
THE KING v.
(APPELLANT).
WARRANT FOR REARREST OF APPELLANT ON APPEAL BY CROWN LAW OFFICER.
To the Sheriff and to all Police Officers in the State of Queensland, and to the Superin- Whereas the Court of Criminal Appeal having on the appeal of the said
,
and thereupon dischar ed him from quashed the conviction of the saidcustody, and thereafter having on the application. of the Crown Law 0 cer made a further order that the said A B . be detained pending an appeal to the High Court of Australia, has now ordered that a warrant be issued for the apprehension of the said
tendent o f his Majesty’s prison at
ki
These are therefore to command you the said constables forthwith to apprehend the said and to bring him to the Superintendent of the said prison, and there deliver him 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 until further order of the said court.
(Signed)
(President of the Court o f Criminal Appeal.)
Dated this day of 19
.
FORM XXVI.
IN THE CQURT OF CRIMINAL APPEAL OF QUEENSLAND.
THE m N G V.
(APPELLANT).
~ E C O ~ N ~ Z ~ ~ ~ E OF APPELLANT SENTENCED TO PAYMENT OF A FINE.
emembered that whereas O f was on the
,
A.D. 19,
convicted of and was thereupon sentenced to pay the sum of $ as a fine for his said offence by the [herejill in the court of trial] and has intimated to the said court that he desires to appeal against his said conviction on a question of law [or upon a certificate of the Judge o f the said Couri that his 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 said conviction of the said sum, be ordered to enter into recognizance himself in the sum of $sureties, each in the sum of $ to prosecute his said appeal before the Court of Criminal Appeal.
The said dorh hereby acknowledge himself to owe to our Lord the King the said sum of $ o f sterling
*
money, to be made and levied of his goods and*Sic
and with
VI1 THE CRIMINAL PRACTICE RULES OF 1900 Sch. ~ . X X ~ ~ ~ 149 chattels, lands and tenements tp the use of our said Lord the King his heirs and successors;
upon condition that if the said of shall personally appear and be present at and before the Court of Criminal Appeal at each and every hearing of his appeal to such Court, and at the final determination thereof, and then and there prosecute his 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 recognizance 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.
FORM XXVII.
IN THE COURT OF CRIMINAL APPEAL OF QUEENSLAND.
THE U N C V.
(APPELLANT).
RECOGNIZANCE OF SURETIES FOR APPELLANTS SENTENCED TO PAYMENT OF A FINE.
) Be it remembered that whereas , of , was on to wit. the day of , A.D. 19
,
convicted ofand
(
was t ereupon sentenced to pay the sum of2
$ as a fine for his said offenci by the [herefill in the Court of Triao, and has intimated to the said Court that he desires to appeal against his said conviction on a question of law [or upon a certificate of the Judge of the said Court that his 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 said conviction of the said sum, be ordered to enter into recognizance himself in the sum of $and with
,
to prosecute his said appealbefore the Court of Criminal Appeal on the day of 1 19 , o f (occupation) and of (occupation) personally came before the Court of [herefill in Ihe name of the Court of Trial ] and severally acknowledged themselves to owe to our Lord the King 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 Lord the King, his heirs and successors; upon condition that if the said shall personally appear and be present at and before the Court of Criminal Appeal at each and every hearing of his appeal to such Court, and at the final determination thereof, and then and there prosecute his said appeal and abide by the judgment of the said Court, and pay the said SUM of $ or such sum as the 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 recognizance to be void, or else to stand in full force.on the day and year first above mentioned.
sureties, each in the sum of $
_ _
Taken and acknowledged before the said Court of
(Signed)
Proper Officer of the Court.
*Sic