Crown Proceedings Amendment Regulation (No. 1) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 61 Crown Proceedings Act 1980 CROWN PROCEEDINGS AMENDMENT REGULATION (No. 1) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Replacement of ss 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Warrant of commitment—Act, s 13(4) . . . . . . . . . . . . . . . . . . . . . . . 2 5 Warrant of execution— Act, ss 13(4) and 14(4) . . . . . . . . . . . . . . . 3 4 Omission of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

s1 2 s3 Crown Proceedings Amendment (No. 1) No. 61, 1996 ˙ Short title 1. This regulation may be cited as the Crown Proceedings Amendment Regulation (No. 1) 1996 . ˙ Regulation amended 2. This regulation amends the Crown Proceedings Regulation 1989 . ˙ Replacement of ss 4 and 5 3. Sections 4 and 5— omit, insert— ˙ ‘ Warrant of commitment—Act, s 13(4) ‘ 4.(1) A warrant of commitment for non-payment of moneys payable under a forfeited recognisance must contain the following information— (a) the date and place of issue of the warrant; (b) the name and address of the principal; (c) the amount of the recognisance; (d) the amount of any surety; (e) conditions affecting the recognisance; (f) a statement about why the recognisance was forfeited; (g) particulars of the forfeiture order made against the principal and by whom the order was made; (h) a statement the amount of the recognisance has not been paid; (i) the time the principal is to be detained in a prison or other place of legal detention. ‘ (2) Also, the warrant must contain a command to all police officers to— (a) apprehend the principal without delay; and (b) convey the principal to a prison or other place of legal detention more accessible or convenient.

s4 3 s4 Crown Proceedings Amendment (No. 1) No. 61, 1996 ˙ ‘ Warrant of execution— Act, ss 13(4) and 14(4) ‘ 5.(1) A warrant of execution for moneys payable under a forfeited recognisance or undertaking as to bail must contain the following information— (a) the date and place of issue of the warrant; (b) the full name and address of each surety; (c) the amount of the recognisance or undertaking as to bail; (d) the amount of any surety; (e) conditions affecting the recognisance or undertaking as to bail; (f) a statement about why the recognisance or undertaking was forfeited; (g) particulars of the forfeiture order made against the surety and by whom the order was made; (h) a statement the amount under the recognisance or undertaking has not been paid. ‘ (2) Also, the warrant must contain a command to all police officers to— (a) take the personal property of the surety; and (b) if the amount stated in the order to be payable by the surety and the reasonable charges of executing the warrant are not paid—deal with the property under the Justices Act 1886 , section 172; and (c) if sufficient personal property cannot be found—certify this fact to the justice of the peace who issued the warrant.’. ˙ Omission of schedule 4. Schedule— omit.

4 Crown Proceedings Amendment (No. 1) ENDNOTES 1. Made by the Governor in Council on 4 April 1996. 2. Notified in the gazette on 4 April 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice. © State of Queensland 1996 No. 61, 1996