Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 597C

597C Accused person to be called on to plead to indictment

(1) On the presentation of the indictment or at any later time, the accused person is to be informed in open court of the offence with which he or she is charged, as set forth in the indictment, and is to be called upon to plead to the indictment, and to say whether he or she is guilty or not guilty of the charge.

(2) If the indictment contains more than one count, a plea to any number of counts may, with the consent of the accused person, be taken at one and the same time on the basis that the plea to one count will be treated as a plea to any number of similar counts on the same indictment.

(3) The trial is deemed to begin and the accused person is deemed to be brought to trial when the person is so called upon.

(4) The court may allow anything that must or may be done in relation to the arraignment of the accused person to be done over an audiovisual link or audio link, if the court considers use of the link is in the interests of justice.

(4A) However, the court may not allow the use of an audiovisual link or audio link under subsection (4) if facilities mentioned in subsection (5A) (a) are not available at the court or the place where the accused person is present.

(4B) For subsection (4) , in deciding whether use of an audio link is in the interests of justice, the court must have regard to the desirability of an accused person’s arraignment being done over an audiovisual link, rather than an audio link, if an audiovisual link is available.

(5) For subsection (4) , anything done, for the accused person’s arraignment, over an audiovisual link or audio link between the person and the court sitting in open court is taken to be done in open court.

(5A) If an accused person’s arraignment is done over an audiovisual link or audio link and the person’s representative in the proceeding is at the place where the court is sitting—

(a) the court and the place where the person is present must make facilities available for private communication between the person and the person’s representative; and

(b) a communication between the person and the person’s representative is as confidential and inadmissible in any proceeding as it would be if it took place between the person and the person’s representative while in each other’s presence.

(5B) Subsection (5A) (b) does not limit any other protection applying to the communication.

(6) The provisions of the Evidence Act 1977 relating to the use of an audiovisual link or audio link in criminal proceedings apply for, and are not limited by, subsection (4) .