Reference to Court of Appeal of criminal matter determined by General Division of High Court in exercise of its appellate or revisionary jurisdiction
397.—(1)  When a criminal matter has been determined by the General Division of the High Court in the exercise of its appellate or revisionary jurisdiction, and a party to the proceedings wishes to refer any question of law of public interest which has arisen in the matter and the determination of which by the Judge has affected the case, that party may apply to the Court of Appeal for leave to refer the question to the Court of Appeal.
[40/2019]
(2)  The Public Prosecutor may refer any question of law of public interest without the leave of the Court of Appeal.
(3)  An application under subsection (1) or a reference under subsection (2) must be made within one month, or such longer time as the Court of Appeal may permit, of the determination of the matter to which it relates, and in the case of an application by the Public Prosecutor must be made by him or her or with his or her written consent.
(3A)  Where an application under subsection (1) or a reference under subsection (2) is made, the General Division of the High Court must send to the Court of Appeal a signed copy of the record of the proceedings, and the grounds of decision, for the matter to which the application or reference relates.
[19/2018; 40/2019]
(3B)  Where —
(a)a party applies under subsection (1) for leave to refer a question to the Court of Appeal; and
(b)it appears to the Court of Appeal that the question is not a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application relates,
the application may, without being set down for hearing, be summarily refused by an order, under the hand of a presiding Judge sitting in the Court of Appeal, certifying that the Court of Appeal is satisfied that the application was made without any sufficient ground.
[19/2018; 40/2019]
(3C)  A decision of the Court of Appeal to summarily refuse under subsection (3B) an application under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the Court of Appeal.
[19/2018; 40/2019]
(3D)  Notice of a refusal under subsection (3B) of an application under subsection (1) must be served on the applicant.
[19/2018]
(3E)  Where, after the Court of Appeal has summarily refused under subsection (3B) an application under subsection (1) (called in this subsection the leave application), the applicant gives, within 14 days after the service of the notice of the refusal on the applicant, to the Registrar of the Supreme Court —
(a)notice of an application to amend the leave application, so as to raise a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the leave application relates; and
(b)a certificate signed by an advocate specifying the question to be raised and undertaking to argue it,
the Chief Justice may allow the applicant to amend the leave application accordingly, and must restore the leave application for hearing.
[19/2018]
(4)  In granting leave to refer any question of law of public interest under subsection (1), or where the Public Prosecutor refers any question of law of public interest under subsection (2), the Court of Appeal may reframe the question or questions to reflect the relevant issue of law of public interest, and may make such orders as the Court of Appeal may see fit for the arrest, custody or release on bail of any party in the case.
(5)  The Court of Appeal, in hearing and determining any questions referred, may make such orders as the General Division of the High Court might have made as the Court of Appeal considers just for the disposal of the case.
[40/2019]
(6)  For the purposes of this section, each of the following is deemed to be a question of public interest:
(a)any question of law regarding which there is a conflict of judicial authority;
(b)any question of law that the Public Prosecutor refers.
[19/2018]