Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 671B

671B Supplemental powers

(1) The Court may, if it thinks it necessary or expedient in the interests of justice—

(a) order the production of any document, exhibit, or other thing connected with the proceedings; and

(b) order any persons who would have been compellable witnesses at the trial to attend and be examined before the Court, whether they were or were not called at the trial, or order any such persons to be examined before any judge of the Court, or before any officer of the Court, or justice, or other person appointed by the Court for the purpose, and admit any depositions so taken as evidence; and

(c) receive the evidence, if tendered, of any witness (including the appellant) who is a competent, but not a compellable, witness; and

(d) where any question arising on the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which can not, in the opinion of the Court, be conveniently conducted before the Court, refer the question for inquiry and report to a commissioner appointed by the Court, and act upon the report of such commissioner so far as the Court thinks fit; and

(e) appoint any person with special expert knowledge to act as assessor to the Court in any case in which it appears to the Court that such special knowledge is required for the determination of the case;

and exercise in relation to the proceedings of the Court any other powers which may for the time being be exercised by the Supreme Court on appeals or applications in civil matters, and issue any warrant or other process necessary for enforcing the orders or sentences of the Court.

(2) However, in no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial.

(3) Subject to this chapter, the general rules may provide that any application under subsection (1) (a) , (b) , (d) , or (e) may be heard and determined by a judge of the Court.