JUDICIARY ACT 1903 - SECT 74 Effect of order of Full Court
JUDICIARY ACT 1903 - SECT 74
Effect of order of Full Court(1) The proper officer of the Court by which the question reserved was determined shall certify the judgment of the Court under his or her hand and the seal of the Court to the proper officer of the Court in which the trial was had, who shall enter the same on the original record.
(2) If the convicted person is in custody, the proper officer of
the Court by which the question reserved was determined shall also forthwith
transmit another certificate of the same tenor under his or her hand and the
seal of the Court to the superintendent of the prison or other person who has
the custody of the convicted person. The certificate shall be a sufficient
warrant to all persons for the execution of the judgment if it is certified to
have been affirmed or as it is certified to be amended, and execution shall
thereupon be executed upon the judgment as affirmed or amended: And if the
judgment is set aside or arrested the certificate shall be a sufficient
warrant for the discharge of the convicted person from further imprisonment
under that judgment, and in that case the superintendent is required forthwith
to discharge him or her from imprisonment under that judgment, and if he or
she is at large on bail the recognizance of bail shall be vacated at the next
criminal sitting of the Court in which the trial was had: And if that Court is
directed to pronounce judgment, judgment shall be pronounced at the next
criminal sitting of the Court at which the convicted person appears to receive
judgment.