Criminal Procedure Act 2009

This section applies to—

an appeal under this Part or Part 6.4; and

an application for leave to appeal under this Part or Part 6.4.

The Court of Appeal may refer, for the making of a reference determination, any specified issue or matter arising on an appeal or an application for leave to appeal to which this section applies—

to the Trial Division of the Supreme Court constituted by a Judge of the Court within the meaning of the Supreme Court Act 1986; or

to the County Court constituted by a judge within the meaning of the County Court Act 1958.

The Court of Appeal may make any directions it considers appropriate in a referral under subsection (2), including directions about—

the form any reference determination should take; or

procedural matters.

The Trial Division of the Supreme Court or the County Court (as the case requires) to which a referral for a reference determination is made—

must hear and determine the issue or matter in accordance with any directions in the referral; and

may otherwise conduct the hearing and determine the procedure for the hearing as it considers appropriate; and

on the determination of the issue or matter, must provide its reference determinations to the Court of Appeal.

If the Court of Appeal gives leave, the Court of Appeal may hear and determine an appeal against a reference determination as part of the appeal or application for leave to appeal to which the reference determination relates.

Unless the Court of Appeal otherwise determines in accordance with subsection (5), a reference determination is taken to be a determination of the Court of Appeal in the appeal or application for leave to appeal to which the reference determination relates.

A referral under subsection (2) must not be made to—

the Trial Division of the Supreme Court constituted by a Judge of the Court who was also the trial judge in the proceeding which is the subject of the appeal or application for leave to appeal; or

the County Court constituted by a judge who was also the trial judge in the proceeding which is the subject of the appeal or application for leave to appeal.

Nothing in this section limits any powers of the Court of Appeal.