387DPP may refer point of law to Court of Appeal

387 DPP may refer point of law to Court of Appeal

(1) If a person is acquitted in respect of all or any charges on an appeal from the Children's Court to the County Court or the Trial Division of the Supreme Court, the DPP may refer to the Court of Appeal any point of law that has arisen in the proceeding.

(2) For the avoidance of doubt, if a point of law arises in an appeal proceeding, and that appeal is from the Children's Court constituted by the Chief Magistrate who is a dual commission holder, subsection (1) does not apply.

(3) The Court of Appeal is to consider a point of law referred to it under subsection (1) and give its opinion on it.

(4) An acquitted person who appears in court in person or by a legal practitioner is entitled to reasonable costs as settled by the Costs Court.

(5) A reference under this section does not affect the hearing in relation to which the reference is made or an acquittal in that hearing.

388 Powers and procedure

Division 7 of Part 6.3 of the Criminal Procedure Act 2009 applies as if a reference in that Division to that Part were a reference to this Part.

Part 8.8—Status of sentence and orders during appeal period

389 Sentence not stayed during appeal period

(1) A sentence is not stayed during the appeal period unless—

(a) this Act or any other Act or the court rules of the appellate court otherwise provides; or

(b) an order is made under subsection (2).

(2) If a notice of application for leave to appeal is filed under section 376, the Court of Appeal may stay a sentence if satisfied that it is in the interests of justice to do so.

See the definitions of appeal period and sentence in section 3.