Agency Details

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Agency ID1171
TitleSupreme Court, Court of Criminal Appeal
Agency TypeSupreme Court
Start Date 26/11/1913
End Date 14/12/1991
Date NotesN/A
Abstract

The Supreme Court is the highest court in Queensland; the Court of Criminal Appeal was the highest court of appeal in criminal cases

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Series

Controlling Agencies

Agency IDTitleFromTo
19Department of Justice (I) 26/11/1913 7/12/1989
33Department of Justice and Corrective Services 7/12/1989 11/4/1991
100Department of Justice (II) 11/4/1991 14/12/1991
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Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
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Previous Agencies

Details of previous agencies do not exist or are unavailable.
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Subsequent Agencies

Related Agencies

Agency IDTitleRelationship
1169Supreme Court, Full CourtCourts of Appeal
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Finding Aids

This agency has no finding aids.
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Publication Notes
This agency has no publication notes.
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Remarks

Information Sources

Criminal Code Amendment Act 1913
McPherson, B H, 1989, "The Supreme Court of Queensland 1859 - 1960", Butterworths, Brisbane, pp. 271 - 273
Penberthy, Thomas, 1946, "Australian Courts and Administrative Tribunals", University of Queensland, Brisbane, pp. 317 - 327
Supreme Court of Queensland Act 1991
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Legislation

Establishing Criminal Code Amendment Act 1913
Abolishing N/A
Administered Criminal Code Amendment Act 1913
Supreme Court Act 1921
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Description
ESTABLISHMENT:
Prior to 1913 criminal cases could be "reserved" (not appealed) for the consideration of the Full Court. "The Criminal Code Amendment Act of 1913", assented to on 26 November 1913, however, established the Supreme Court as a Court of Criminal Appeal.

FUNCTIONS:
The Supreme Court acting as the Court of Criminal Appeal could hear appeals against criminal convictions and sentences. The Court was required to allow the appeal if the grounds of appeal were established, but the Court could dismiss the appeal. The Court could quash the conviction and order an acquittal, but could also order a new trial. The Court could quash a sentence and impose another.

ADMINISTRATIVE STRUCTURE:
The Supreme Court was declared to be the Court of Criminal Appeal and to be duly constituted if it consisted of not less than three judges and of an uneven number of judges. Determinations were in accordance with the majority of the Court.

ABOLITION:
Under the "Supreme Court of Queensland Act 1991", proclaimed on 14 December 1991, the Full Court and the Court of Criminal Appeal became the Court of Appeal.


NOTE:
The Justice Department can be regarded as the controlling agency of the Supreme Court in matters concerning the basic administrative requirements of the court.
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Preferred Citation

Queensland State Archives Agency ID1171, Supreme Court, Court of Criminal Appeal
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
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