219AWhat is a reference appeal?

219A What is a reference appeal? reference appeal—see section 219AB (2). 219AB Reference appeal in relation to proceeding (1) This section applies if a person has been charged on indictment in the Magistrates Court and the proceeding in relation to all or part of the indictment has concluded. (2) The Supreme Court may, on application by the Attorney-General, solicitor-general or director of public prosecutions (the applicant), hear and decide (by a reference appeal) any question of law arising at or in relation to the proceeding. 219AC Who may be heard at reference appeal (1) Each of the following people (each interested party) may be heard in a reference appeal: (a) a person charged in the proceeding; (b) a person who seeks to be heard, if the court is satisfied that the person has a sufficient interest in the appeal to be heard. (2) If an interested party is not represented in the appeal, the applicant must instruct counsel to argue the reference appeal on the party’s behalf. (3) The reasonable costs of legal representation of an interested party are payable by the Territory.

219AD Reference appeal decision does not affect verdict The decision on a reference appeal does not invalidate or affect any verdict or decision given in the proceeding.