Australian Capital Territory Consolidated Acts

SUPREME COURT ACT 1933 - SECT 37S

    (1)     This section applies if a person has been charged on indictment in the court and the proceeding in relation to all or any part of the indictment has concluded.

Note     Indictment includes information (see Legislation Act, dict, pt 1).

    (2)     The Court of Appeal may, on application by the Attorney-General or the director of public prosecutions (the applicant ), hear and decide (by a reference appeal ) any question of law arising at or in relation to the proceeding.

    (3)     An application must be made within 6 weeks after the end of the proceeding, or within any longer period allowed by the Court of Appeal.

    (4)     Either or both of the following people (an interested party ) may be heard in the reference appeal:

        (a)     a person charged in the proceeding;

        (b)     a person affected by any decision in the proceeding.

    (5)     If an interested party is not represented in the appeal, the applicant must instruct counsel to argue the reference appeal on the party's behalf.

    (6)     The decision on the reference appeal does not invalidate or affect any verdict or decision given in the proceeding.