Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) An application for leave to refer a question of law under subsection 30CB(1) of the Act must be in accordance with Form CP27.
Note: Subsection 30CB(1) of the Act allows the prosecutor to apply for leave to refer a question of law to a Full Court to provide guidance for future cases if a person has been acquitted following a trial on indictment.
(2) The application must:
(a) identify precisely the question of law; and
(b) be accompanied by an affidavit stating briefly, but specifically, the facts that support the application, including the reason why the Court should consider the question of law; and
(c) set out the arrangements the prosecutor proposes to ensure the acquitted person will be properly represented if the acquitted person wants to make submissions in relation to the application for leave or in relation to the Court's determination of the question of law; and
(d) set out the arrangements the prosecutor proposes to ensure that both sides of the issue will be argued if the acquitted person does not want to make submissions in relation to the Court's determination of the question of law.