(1) A referral of a
question of law to the Court of Appeal by a superior court under the
Criminal Procedure Act 2004 must be made —
(a) with
a statement of the circumstances that gave rise to the question of law; and
(b) in
accordance with rules of court.
(2) Each party to the
prosecution in which the question arose is entitled to be heard by the Court
of Appeal on the referred question.
(3) If it appears that
a person referred to in subsection (2) will not be making submissions to the
Court of Appeal, the Attorney General may instruct a lawyer to make
submissions to the court on behalf of the person.
(4) The Court of
Appeal must consider the referred question and give its judgment on it.