Section 291A
Reference to Court of Appeal from Courts of Magistrates on grounds of public interest
(1)
When-
(a)
an appeal from the decision of a Court of a Magistrate in a criminal matter has been heard and determined by the High
Court; and
(b)
the Judge who heard the appeal or the Public Prosecutor, on his own behalf or on the application of any party to the proceedings, has, within one month of such determination or within such further time as the Court of Appeal may permit, signed and filed with the Registrar a certificate that the decision of the High Court involves a point of law which it is desirable in the public interest to have determined by the Court of Appeal, such appeal shall be re-heard by the Court of Appeal.
(2)
The provisions of subsection (1) shall, mutatis mutandis, apply -
(a)
when any order has been made by the High Court to the prejudice of an accused under section 189A(2)(a);
(b)
(deleted);
(c)
when the High Court has determined a question of law reserved by a Court of a Magistrate for the consideration of the
High Court under section 294; and
(d)
when any order has been made by the High Court to the prejudice of the accused under section 298.
(3)
Upon the filing of the certificate referred to in subsection (I), the Court of Appeal or any Judge may make such orders as it or he may see fit in respect of the arrest, custody or release on bail of any person convicted, acquitted or discharged as the result of an order of the High Court on the appeal or of the trial Court.
(4)
For the purposes of the hearing before the Court of Appeal, the Judge who heard the appeal shall cause to be furnished to the Court of
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Appeal and to the parties to the appeal, copies of the grounds of his judgment in such appeal.
(5)
The powers conferred upon the Public Prosecutor by this section shall be exercisable by the Public Prosecutor only.