(1)
The Solicitor-General may, with the leave of the Court of Appeal, refer a question of law to that court under this subsection if—
the question arose in or in relation to a trial of a person in the District Court or the High Court for an offence (the criminal proceeding); and
the criminal proceeding in the District Court or High Court has ended, whether because the person tried for the offence has been acquitted or convicted, the charge has been dismissed, or the proceeding has been stayed or otherwise brought to an end.
(2)
The fact that an appeal against conviction or sentence has been filed does not prevent the Solicitor-General referring a question to that court under subsection (1).
(3)
the question of law arose in or in relation to a defendant’s first appeal against conviction or sentence; and
the High Court was the first appeal court and it allowed the appeal, and the prosecutor has no right of appeal against that court’s determination.
Compare: Supreme Court Act 1933 s 37S (ACT); Criminal Justice Act 1972 s 36 (UK)
Section 313(1)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).