Section 412
Resewation by Judge
(1)
A Judge of the High Court may reserve for the consideration of the Court of Appeal any question of law which may arise on the trial of any charge.
(2)
In exercising his power under subsection (I), the Judge may act either of his own motion or on the application of the Public Prosecutor or the defence.
(3)
A Judge may, if he reserves a question of law under subsection (1) and the accused person has been convicted -
(a)
postpone judgment until the question has been considered and decided; and
(b)
commit the person convicted to prison or admit him to bail, with or without one or more sufficient sureties, and in such sum as he may think fit, on condition that he is to appear at such time or times as the Judge may direct and receive judgment.
(4)
Upon consideration of a question reserved under subsection (I), the Court of Appeal may -
(a)
affirm or quash the conviction or order a new trial; and
(b)
make such other orders as may be necessary to give effect to its decision:
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Criminal Procedure Code
Provided that the Court of Appeal may, notwithstanding that it is of the opinion that the question so reserved might be decided in favour of the convicted person, affirm the conviction if it considers that no miscarriage of justice has actually occurred.
Conviction or not guilty by reason of insanity or disability 413.
(1)
Where a person has been convicted by any court or has been found not guilty by reason of insanity, or has been found to be under disability, His Majesty the Sultan and Yang Di-Pertuan may, at any time either -
(a)
refer to the Court of Appeal the whole case, which shall then be treated for all purposes as an appeal to the Court of Appeal by the person; or
(b)
refer to the Court of Appeal for its opinion any point arising in the case, and the Court of Appeal shall consider the point so referred and furnish His Majesty the Sultan and Yang
Di-Pertuan with its opinion thereon.
(2)
A reference by His Majesty the Sultan and Yang Di-Pertuan under this section may be made by him either on an application by the person referred to in subsection (1) or without any such application.