Reservation of question of law
302 Reservation of question of law
This section applies to a proceeding in the County Court or the Trial Division of the Supreme Court for the prosecution of an indictable offence.
In a proceeding referred to in subsection (1), if a question of law arises before or during the trial, the court may reserve the question for determination by the Court of Appeal if the court is satisfied that it is in the interests of justice to do so, having regard to—
the extent of any disruption or delay to the trial process that may arise if the question of law is reserved; and
whether the determination of the question of law may—
render the trial unnecessary; or
substantially reduce the time required for the trial; or
resolve a novel question of law that is necessary for the proper conduct of the trial; or
reduce the likelihood of a successful appeal against conviction in the event that the accused is convicted at trial.
The court must not reserve a question of law after the trial has commenced, unless the reasons for doing so clearly outweigh any disruption to the trial.
Note
Section 33 of the Charter of Human Rights and Responsibilities Act 2006 also provides for the referral to the Supreme Court of questions of law that relate to the application of the Charter or the interpretation of a statutory provision in accordance with the Charter.
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