sec.47Power to assist court

sec.47 Power to assist court

This section applies if— a person is acquitted of a charge of an offence or discharged in respect of an offence in a proceeding; and the Attorney-General refers a point of law arising out of the proceeding to the Court of Appeal for its consideration and opinion under the Criminal Code , section 669A (2) ; and no appearance is made by or for the person mentioned in paragraph (a) in the Court of Appeal on the reference. Legal Aid may appear on its own behalf on the reference and assist the court by way of argument as the court considers appropriate. In assisting the court, Legal Aid is taken to be performing its function of giving legal assistance under this Act. (sec.47-ssec.1) This section applies if— a person is acquitted of a charge of an offence or discharged in respect of an offence in a proceeding; and the Attorney-General refers a point of law arising out of the proceeding to the Court of Appeal for its consideration and opinion under the Criminal Code , section 669A (2) ; and no appearance is made by or for the person mentioned in paragraph (a) in the Court of Appeal on the reference. (sec.47-ssec.2) Legal Aid may appear on its own behalf on the reference and assist the court by way of argument as the court considers appropriate. (sec.47-ssec.3) In assisting the court, Legal Aid is taken to be performing its function of giving legal assistance under this Act.

• (a) a person is acquitted of a charge of an offence or discharged in respect of an offence in a proceeding; and
• (b) the Attorney-General refers a point of law arising out of the proceeding to the Court of Appeal for its consideration and opinion under the Criminal Code , section 669A (2) ; and
• (c) no appearance is made by or for the person mentioned in paragraph (a) in the Court of Appeal on the reference.