Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 559
Change of place of trial
(1) When a person has been committed for trial for an indictable offence at a
court held at any place, whether the person has been granted bail or not, the
Supreme Court or a judge thereof may, on the application of the Crown or of
the accused person, and upon good cause shown order that the trial shall be
held at some other place, either before the same court or before some other
court of competent jurisdiction, at a time to be named in the order.
an indictment has been presented against any person in the Supreme Court, the
court may, on the application of the Crown or the accused person, order that
the trial shall be held at some place other than that named in the margin of
the indictment and at a time to be named in the order.
(3) An application for
a change of the place of trial for an indictable offence shall be granted if
based upon the facts—
(a) that the accused person has been committed for
trial for another indictable offence at a court held at any other place or
that an indictment has been presented to a court held at any other place
charging the accused person with another offence; and
(b) that the charge for
the offence in respect of which the application is made and the charge for the
offence referred to in paragraph (a) could have been joined in the same
indictment, had the offences been committed at the same place; unless good
cause is shown for not granting the application.
(4) When an order is made
under the provisions of this section, the consequences are the same in all
respects, and with regard to all persons, as if the accused person had been
committed for trial at the place named in the order and at the sittings named
therein; and, if the person has been granted bail, the undertakings as to bail
are to be deemed to be enlarged to that time and place accordingly.
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