(b) a court of summary
jurisdiction in a case where an indictable offence is dealt with summarily by
that court;
and the Court may in its unfettered discretion vary the sentence
and impose such sentence as to the Court seems proper.
(1A) A Crown Law
Officer may appeal to the Court against an order staying proceedings or
further proceedings on an indictment.
(2) The Attorney-General may refer any
point of law that has arisen at the trial upon indictment of a person in
relation to any charge contained therein to the Court for its consideration
and opinion thereon if the person charged has been—
(a) acquitted of the
charge; or
(b) discharged in respect of that charge after counsel for the
Crown, as a result of a determination of the court of trial on that point of
law, has duly informed the court that the Crown will not further proceed upon
the indictment in relation to that charge; or
(c) convicted, following a
determination of the court of trial on that point of law—
(i) of a charge
other than the charge that was under consideration when the point of law
arose; or
(ii) of the same charge with or without a circumstance of
aggravation.
(2A) The Attorney-General may refer to the Court for its
consideration and opinion a point of law that has arisen at the summary trial
of a charge of an indictable offence, if the person charged has been—
(a)
acquitted of the charge at the summary trial; or
(b) discharged on the charge
after the prosecution, because of a decision on the point of law by the court
of trial, indicates to the court that it will not further proceed on the
charge in the proceeding before the court; or
(c) convicted, following a
determination of the court of trial on that point of law—
(i) of a charge
other than the charge that was under consideration when the point of law
arose; or
(ii) of the same charge with or without a circumstance of
aggravation.
(3) Notice of the reference shall be given to the person
acquitted or, as the case may be, discharged.
(4) Upon the reference the
Court shall hear argument—
(a) by the Attorney-General or by counsel on the
Attorney-General’s behalf; and
(b) if the person so desires, by the person
acquitted or discharged or by counsel on his or her behalf;
and thereupon
shall consider the point referred and furnish to the Attorney-General its
opinion thereon.
(5) Where the reference relates to a trial in which the
person charged has been acquitted or convicted, the reference shall not affect
the trial of nor the acquittal or conviction of the person.
(6) If a person
convicted summarily of an indictable offence appeals to a District Court judge
under the Justices Act 1886, section 222or the Youth Justice Act 1992, part
6 , division 9 , subdivision 3 , and, in relation to the same conviction, the
Attorney-General appeals under this section—
(a) the convicted person’s
appeal is, by force of this section, removed to the Court of Appeal; and
(b)
both appeals must be heard together by the Court of Appeal.
(7) In this
section—
"discharged" includes the dismissal or striking out of a charge at a summary
trial.
