Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 668A

668A Reference by Crown Law Officer of pre-trial direction or ruling

(1) A Crown Law Officer may refer to the Court for its consideration and opinion a point of law that has arisen in relation to a direction or ruling under section 590AA given by another court as to the conduct of a trial or pre-trial hearing.

(2) If a reference is made—

(a) the Crown Law Officer must give notice of the reference to the other court and the accused person; and

(b) the other court—

(i) must adjourn the trial until the Court has given its opinion on the point; and

(ii) may make the other orders it considers appropriate, including an order about remanding the accused person; and

(c) the Court must hear argument on the reference—

(i) by the Crown Law Officer; and

(ii) by the accused person if the accused person wishes; and

(d) after hearing argument on the reference, the Court—

(i) must consider the point referred and give the Crown Law Officer its opinion on the point; and

(ii) may make the orders it considers appropriate, including the directions or rulings it considers appropriate to give effect to its opinion.

(3) In this section—

"adjourn" , for a trial where the accused person has not been called on to plead to the indictment, includes postpone the trial.