Referrals by superior courts
46 Referrals by superior courts
A referral of a question of law to the Court of Appeal by a superior court under the Criminal Procedure Act 2004 must be made —
with a statement of the circumstances that gave rise to the question of law; and
in accordance with rules of court.
Each party to the prosecution in which the question arose is entitled to be heard by the Court of Appeal on the referred question.
If it appears that a person referred to in subsection (2) will not be making submissions to the Court of Appeal, the Attorney General may instruct a lawyer to make submissions to the court on behalf of the person.
The Court of Appeal must consider the referred question and give its judgment on it.
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