ACTIn ForceAct
Magistrates Court Act 1930
219AWhat is a reference appeal?
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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.