Section 405
In this Chapter, unless the context otherwise requires, "reference"
means a reference of a point of law to the Court of Appeal under this
Chapter.
Reference to Court of Appeal 406.
(1)
If a person (in this Chapter referred to as the respondent) has been acquitted of any charge in a trial before the High Court in the exercise of its original criminal jurisdiction, the Public Prosecutor may, if he desires the opinion of the Court of Appeal on a point of law which has arisen in the case, refer the point to the Court of Appeal which shall, in accordance with this Chapter, consider the point and give its opinion on it.
(2)
A reference shall -
(a)
be in writing signed by the Public Prosecutor;
(21)
specify the point of law referred and, where appropriate, such facts of the case as are necessary for the proper consideration of the point of law;
(c)
summarise the arguments intended to be put to the Court of Appeal;
(d)
specify the authorities intended to be cited;
(e)
be entitled "Reference under the Criminal Procedure
Code (Chapter 7)" together with the year and number of the reference; and
@ be filed with the Registrar within 21 days, or within such further time as the Court of Appeal may allow, after the date on which the respondent was acquitted.
(3)
No mention shall be made in the reference of the Drover name
. .
of any or place which is likely to lead to the identification of the respondent.
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Notice of reference to be served on respondent 407.
(1)
The Registrar shall cause to be served on the respondent notice of the reference which shall also -
(a)
inform the respondent that the reference will not affect the trial in relation to which it is made or any acquittal in that trial;
(b)
invite the respondent, within such period as may be specified in the notice (being not less than 28 days from the date of service of the notice), to inform the Registrar if he wishes to present any argument to the Court of Appeal and, if so, whether he wishes to present such argument in person or by advocate on his behalf.
(2)
The Court of Appeal shall not hear argument by the Public
Prosecutor until the period specified in the notice has expired, unless the respondent agrees or has indicated that he does not wish to present any argument to the Court of Appeal.
Withdrawal or amendment of reference 408.
(1)
The Public Prosecutor may withdraw or amend the reference at any time before the Court of Appeal has begun the hearing. After that, the
Public Prosecutor may withdraw or amend the reference by leave of the
Court of Appeal.
(2)
The Public Prosecutor shall cause notice of such withdrawal or amendment to be served on the respondent.
Hearing 409.
For the purposes of its consideration of a point referred to it under this Chapter, the Court of Appeal shall hear argument -
(a)
by the Public Prosecutor;
(b)
if the respondent desires to present any argument, by an advocate on his behalf or by the respondent himself; and
(c)
if the Court of Appeal so directs, by an advocate appointed as amicus curiae by the Registrar.
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