Criminal Appeals Act 2004

In this section —

The Attorney General may refer to the Court of Appeal any question of law that was decided by a superior court when dealing with a charge of an indictable offence.

The referral must be made —

within 60 days after the date of the superior court’s final judgment on the charge; and

with a statement of the circumstances that gave rise to the question of law; and

in accordance with rules of court.

A person who was charged with the offence or who is affected by the superior court’s decision is entitled to be heard by the Court of Appeal on the question referred and the person’s reasonable costs of being legally represented in the Court of Appeal are to be paid by the State.

If it appears that a person referred to in subsection (4) will not be making submissions to the Court of Appeal, the Attorney General must instruct a lawyer to make submissions to the court on behalf of the person.

When a referral is made to it under this section, the Court of Appeal —

may require the Attorney General to provide any information it considers is necessary to decide the question of law; and

must consider the question referred and give its judgment on it.

The judgment of the Court of Appeal on a question of law referred to it under this section does not affect or invalidate any verdict or decision in the superior court on the charge.