Referring point of law
82 Referring point of law
The Attorney-General refers a point of law under the Code, section 669A(2) by filing a notice of reference with the registrar.
The notice must state, precisely and comprehensively, the point of law referred.
The Attorney-General must give a copy of the filed notice of reference to the acquitted or discharged person by—
serving the acquitted or discharged person personally with the copy; or
leaving the copy with some person at the acquitted or discharged person’s usual place of business or residence, or place of business or residence last known to the Attorney-General; or
giving the copy to the lawyer who represented the acquitted or discharged person at the trial to which the notice of reference relates.
The Attorney-General must also give a copy of the filed notice of reference to Legal Aid Queensland.
The purpose of giving a copy of the filed notice of reference to Legal Aid Queensland under subrule (4) is to permit Legal Aid Queensland to consider whether it should appear on its own behalf on the reference pursuant to the Legal Aid Queensland Act 1997, section 47.
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