388AAPower of Attorney-General to refer questions of law to Court of Criminal Appeal

388AA Power of Attorney-General to refer questions of law to Court of Criminal Appeal

[Section 388AA Inserted by No. 83 of 1987, s. 6 ]

(1)  Subject to subsection (5) , where a person has been acquitted after his trial on indictment, the Attorney-General may, within 28 days after the conclusion of the trial, refer any question of law that has arisen at the trial to the Court of Criminal Appeal for determination by that Court.

(2)  The Attorney-General shall cause notice of a reference by him under subsection (1) to be given to the acquitted person to whom the reference relates.

(3)  The reference of a question under this section or the determination by the Court of Criminal Appeal of a question referred to it under this section shall not in any way affect the trial at which the question arose or affect or invalidate any verdict or decision given at that trial.

(4)  The procedure in relation to the determination of a question referred under this section to the Court of Criminal Appeal shall, subject to any rules made pursuant to section 12 of this Act, be as determined by the Court.

(5)  The time within which a question may be referred under this section to the Court of Criminal Appeal may be extended at any time by the Court.

(6)  Where a question is referred under this section to the Court of Criminal Appeal –

(a) a person charged at the trial at which the question arose or affected by the verdict or the decision given at that trial is entitled to be heard before the Court of Criminal Appeal on the determination of that question;

(b) [Section 388AA Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] if it appears that that person does not intend to appear on his own behalf, and does not propose to be represented on the determination of that question, the Attorney-General may arrange for an Australian legal practitioner to argue that question before the Court of Criminal Appeal on behalf of that person; and

(c) there shall be paid by the Crown the costs of the legal representation of any person heard before the Court of Criminal Appeal as provided in this subsection, being such costs as that Court, subject to , considers to be reasonable.