Div 6ACase stated for Court of Appeal

Division 6A—Case stated for Court of Appeal S. 430VA inserted by No. 48/2012 s. 35, amended by No. 1/2022 s. 58 (ILA s. 39B(1)). 430VA Reservation of question of law (1) If on the hearing of an appeal to the County Court or the Trial Division of the Supreme Court from the Children's Court a question of law arises, the County Court or the Trial Division of the Supreme Court (as the case may be) may reserve the question for determination by the Court of Appeal if the County Court or the Trial Division of the Supreme Court is satisfied that it is in the interests of justice to do so, having regard to— (a) the extent of any disruption or delay to the hearing that may arise if the question of law is reserved; and (b) whether the determination of the question of law may— (i) render the hearing unnecessary; or (ii) substantially reduce the time required for the hearing; or (iii) resolve a novel question of law that is necessary for the proper conduct of the hearing. S. 430VA(2) inserted by No. 1/2022 s. 58. (2) Subsection (1) does not apply if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder. S. 430VB inserted by No. 48/2012 s. 35. 430VB Adjournment if question of law reserved If a court reserves a question of law under section 430VA, the court must adjourn the hearing, if reasonably practicable, until the question of law has been determined. S. 430VC inserted by No. 48/2012 s. 35. 430VC Refusal to reserve question of law (1) If the County Court or the Trial Division of the Supreme Court refuses an application under section 430VA to reserve a question of law, the applicant may apply to the Court of Appeal for an order calling on— (a) the court that dismissed the application; and (b) the respondent— to show cause why the question of law should not be reserved for determination by the Court of Appeal. (2) On an application under subsection (1), the Court of Appeal may order that the question of law be reserved for its determination or refuse the application with or without costs. (3) If the Court of Appeal orders that the question of law be reserved, the court to which the order is directed must reserve the question for determination by the Court of Appeal. S. 430VD inserted by No. 48/2012 s. 35. 430VD Case to be stated if question of law reserved (1) If a court reserves a question of law under section 430VA or 430VC, it must state a case, setting out the question and the circumstances in which the question has arisen. (2) The court must sign the case stated and transmit it within a reasonable time to the Court of Appeal. (3) The Court of Appeal may return a case stated transmitted to it under subsection (2) for amendment and the court that stated the case must amend it as required. S. 430VE inserted by No. 48/2012 s. 35. 430VE General powers of Court of Appeal on case stated (1) The Court of Appeal may hear and finally determine a question of law set out in a case stated. (2) The applicant is not required to attend the hearing under subsection (1). S. 430VF inserted by No. 48/2012 s. 35. 430VF Judgment to be entered on record The Registrar of Criminal Appeals of the Supreme Court must transmit the judgment and order (if any) of the Court of Appeal to the court that reserved the question of law and that court must enter the judgment and order (if any) on the court record. S. 430W inserted by No. 68/2009 s. 69. 430W DPP may refer point of law to Court of Appeal S. 430W(1) amended by No. 1/2022 s. 59(1). (1) If a person is acquitted in respect of all or any charges on an appeal to the County Court or the Trial Division of the Supreme Court from the Children's Court or, if the Children's Court was constituted by the Chief Magistrate who is a dual commission holder, the Court of Appeal, the DPP may refer to the Court of Appeal any point of law that has arisen in the proceeding. S. 430W(1A) inserted by No. 1/2022 s. 59(2). (1A) 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. (2) The Court of Appeal is to consider a point of law referred to it under subsection (1) and give its opinion on it. (3) 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. (4) A reference under this section does not affect the hearing in relation to which the reference is made or an acquittal in that hearing. S. 430WA inserted by No. 48/2012 s. 36. 430WA Powers and procedure Division 7 of Part 6.3 of the **Criminal Procedure Act 2009** applies as if a reference to that Part were a reference to this Division. Division 7—Status of sentence and orders during appeal period S. 430X inserted by No. 68/2009 s. 69.