Criminal Code Act 1899

When any person is indicted for any indictable offence, the court of trial must, on the application of counsel for the accused person made before verdict, and may in its discretion, either before or after judgment, without such application, reserve any question of law which arises on the trial for the consideration of the Court.

If the accused person is convicted, and a question of law has been so reserved before judgment, the court of trial may either pronounce judgment on the conviction and respite execution of the judgment, or postpone the judgment until the question has been considered and decided, and may either commit the person convicted to prison or grant bail to the person conditioned to appear at such time and place as the court of trial may direct, and to attend in execution of, or to receive judgment, as the case may be.

The judge of the court of trial is thereupon required to state, in a case signed by the judge, the question of law so reserved, with the special circumstances upon which it arose; and the case is to be transmitted to the Court.

Any question so reserved is to be heard and determined as an appeal by the Court.

The Court may send the case back to be amended or restated if it thinks it necessary so to do. sch 1 pt 8 ch 67 ch div 2 s 668B ins 1913 4 Geo 5 No. 23 ss 3, 6