Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 560

560 Presenting indictments

(1) When a person charged with an indictable offence has been committed for trial and it is intended to put the person on trial for the offence, the charge is to be reduced to writing in a document which is called an indictment.

(2) The indictment is to be signed and presented to the court by a Crown Law Officer, a Crown prosecutor or some other person appointed in that behalf by the Governor in Council.

(3) If a person has been committed for trial for an indictable offence that may be tried in the District Court, a Crown Law Officer or a Crown prosecutor may present the indictment to either the Supreme Court or District Court.

(4) In deciding the court to which the indictment is to be presented, the Crown Law Officer or Crown prosecutor must have regard to—

(a) the complexity of the case; and

(b) the seriousness of the alleged offence; and

(c) any particular importance attaching to the case; and

(d) any other relevant consideration.

(5) Also, if an indictment is signed by a person authorised to sign the indictment under this section, a DPP presenter may present the indictment to the court stated in the indictment.