414Appeal and reference by Crown Law Officer

414 Appeal and reference by Crown Law Officer (1A) In exercising its discretion on an appeal made under subsection (1)(c) involving a sentence imposed after the commencement of this subsection, the Court must not take into account any element of double jeopardy involving the respondent being sentenced again when deciding whether to do either or both of the following: (a) allow the appeal; (b) impose another sentence. (1) A Crown Law Officer may appeal to the Court: (a) where proceedings on indictment have been stayed pursuant to section 21; (b) against any determination made pursuant to section 347; (c) against any sentence with respect to an indictable offence; (d) where proceedings have been had as to whether a person ought to be declared an habitual criminal or a person incapable of exercising proper control over his sexual instincts or recommitted as such after his discharge as such and such declaration or recommittal was not made; or Criminal Code Act 1983 312 (e) where an indictment has been quashed or proceedings on indictment have been stayed under: (i) section 339; or (ii) the inherent jurisdiction of the court of trial, and the Court may, in its discretion, direct that the proceedings continue or vary the sentence and impose such sentence or make such a declaration or recommittal order, or make an order quashing the order of the court of trial quashing the indictment, and may make any consequent orders including an order for the arrest of the respondent to the appeal as the Court thinks proper. (2) A Crown Law Officer may, in a case where a person has been acquitted after his trial on indictment, refer any point of law that has arisen at the trial to the Court for its consideration and opinion thereon. (3) Notice of the reference shall be given to the acquitted person. (4) Upon the reference the Court shall hear argument: (a) by the Crown Law Officer or by counsel on his behalf; and (b) if he so desires, by the acquitted person or by counsel on his behalf; or (c) by any counsel appointed by the Crown Law Officer to present such argument as might have been presented by the acquitted person if he had appeared, and thereupon shall consider the point referred and furnish to the Crown Law Officer its opinion thereon. (5) The opinion of the Court upon the reference shall not affect the trial in respect of which the reference is made or an acquittal in that trial.