DPP may refer point of law to Court of Appeal
387 DPP may refer point of law to Court of Appeal
If a person is acquitted in respect of all or any charges on an appeal from the Children's Court to the County Court or the Trial Division of the Supreme Court, the DPP may refer to the Court of Appeal any point of law that has arisen in the proceeding.
For the avoidance of doubt, if a point of law arises in an appeal proceeding, and that appeal is from the Children's Court constituted by the Chief Magistrate who is a dual commission holder, subsection (1) does not apply.
The Court of Appeal is to consider a point of law referred to it under subsection (1) and give its opinion on it.
An acquitted person who appears in court in person or by a legal practitioner is entitled to reasonable costs as settled by the Costs Court.
A reference under this section does not affect the hearing in relation to which the reference is made or an acquittal in that hearing.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.