South Australian Numbered Acts South Australian Numbered Acts94—Substitution of section 350
Section 350—delete the section and substitute:
350—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 Full Court 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 Full Court.
(3) Unless required to
do so by the Full Court, a court must not reserve a question for consideration
and determination by the Full Court 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 Full Court.
(5) The Full Court
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 Full Court;
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 Full Court, the primary court or the
Supreme Court may release the person on bail on conditions the court considers
appropriate.