South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 153

153—Reservation of relevant questions

        (1)         In this section—

"relevant question" means a question of law and includes a question about how a judicial discretion should be exercised or whether a judicial discretion has been properly exercised.

        (2)         A court by which a person has been, is being or is to be tried or sentenced for an indictable offence may reserve for consideration and determination by the Court of Appeal a relevant question on an issue—

            (a)         antecedent to trial; or

            (b)         relevant to the trial or sentencing of the defendant,

and the court may (if necessary) stay the proceedings until the question has been determined by the Court of Appeal.

        (3)         Unless required to do so by the Court of Appeal, a court must not reserve a question for consideration and determination by the Court of Appeal if reservation of the question would unduly delay the trial or sentencing of the defendant.

        (4)         A court before which a person has been tried and acquitted of an offence must, on application by the Attorney-General or the Director of Public Prosecutions, reserve a question antecedent to the trial, or arising in the course of the trial, for consideration and determination by the Court of Appeal.

        (5)         The Court of Appeal may, on application under subsection (6), require a court to refer a relevant question to it for consideration and determination.

        (6)         An application for an order under subsection (5) may be made by—

            (a)         the Attorney-General or the Director of Public Prosecutions; or

            (b)         a person who—

                  (i)         has applied unsuccessfully to the primary court to have the question referred for consideration and determination by the Court of Appeal; and

                  (ii)         has obtained the permission of the primary court or the Supreme Court to make the application.

        (7)         If a person is convicted, and a question relevant to the trial or sentencing is reserved for consideration and determination by the Court of Appeal, the primary court or the Supreme Court may release the person on bail on conditions the court considers appropriate.