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CRIMINAL CODE 1924 - SECT 388AA
Power of Attorney-General to refer questions of law to Court of Criminal Appeal
(1) Subject to subsection (5) , where a person has been acquitted after
his trial on indictment, the Attorney-General may, within 28 days after the
conclusion of the trial, refer any question of law that has arisen at the
trial to the Court of Criminal Appeal for determination by that Court.
(2) The Attorney-General shall cause notice of a reference by him under
subsection (1) to be given to the acquitted person to whom the reference
relates.
(3) The reference of a question under this section or the determination
by the Court of Criminal Appeal of a question referred to it under this
section shall not in any way affect the trial at which the question arose or
affect or invalidate any verdict or decision given at that trial.
(4) The procedure in relation to the determination of a question
referred under this section to the Court of Criminal Appeal shall, subject to
any rules made pursuant to section 12 of this Act, be as determined by the
Court.
(5) The time within which a question may be referred under this section
to the Court of Criminal Appeal may be extended at any time by the Court.
(6) Where a question is referred under this section to the Court of
Criminal Appeal
(a) a person charged at the trial at which the question arose or affected by
the verdict or the decision given at that trial is entitled to be heard before
the Court of Criminal Appeal on the determination of that question;
(b) if it appears that that person does not intend to appear on his own
behalf, and does not propose to be represented on the determination of that
question, the Attorney-General may arrange for an Australian legal
practitioner to argue that question before the Court of Criminal Appeal on
behalf of that person; and
(c) there shall be paid by the Crown the costs of the legal representation of
any person heard before the Court of Criminal Appeal as provided in this
subsection, being such costs as that Court, subject to subsection (7) ,
considers to be reasonable.
(7) For the purposes of determining the amount of any costs of any legal
representation that it should order to be paid pursuant to subsection (6) (c)
, the Court of Criminal Appeal may obtain the assistance of the Registrar of
that Court who may require the person providing the legal representation to
lodge a bill of costs for the consideration of the Court.
(8) Where the Court of Criminal Appeal makes an order with respect to
the payment of any costs referred to in subsection (6) (c) , that Court shall
deliver or cause to be delivered a copy of the order to the Secretary of the
Law Department and thereupon the amount in respect of which the order is made
may be recovered as a debt due by the Crown.
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