(1) As soon as
practicable after a leave application is made, the Court of Appeal, unless it
is satisfied the application is an abuse of process, must —
(a)
issue a summons that requires the acquitted accused to appear before the
court; or
(b)
issue an arrest warrant to have the acquitted accused brought before the
court.
(2) If the acquitted
accused does not obey a summons issued under subsection (1), the court must
issue an arrest warrant to have the accused brought before the court.
(3) On being served
with the summons or arrested (as the case may be), the acquitted accused must
be given a copy of the leave application.
(4) When the acquitted
accused appears or is brought before the Court of Appeal, the court —
(a) may
make any order necessary in relation to hearing the leave application; and
(b)
subject to the Bail Act 1982 , may order that the accused be kept in custody
until the hearing.
[Section 46F inserted: No. 9 of 2012 s. 4.]