Victorian Consolidated Legislation

Crimes Act 1958 - SECT 446

Questions of law may be reserved

446. Questions of law may be reserved



(1) If on the trial of any person convicted of any indictable offence in or
before the Supreme Court or the County Court or on the hearing of any appeal
in a criminal proceeding to the County Court from the Magistrates' Court any
question of difficulty in point of law has arisen, the court may in its
discretion reserve such question of law for the consideration and
determination of the Court of Appeal39; and in any such case the court may
respite the execution of the judgment on such conviction or postpone the
judgment until such question of law has been considered and determined; and in
either case the court in its discretion shall commit the person convicted to
prison, or shall admit him to bail to appear before the court at such time or
times and place as the court directs and receive judgment or render himself
into custody as the case may be.

(2) If on the trial of an accused person in the Supreme Court or the County
Court, a question of difficulty in point of law arises before a jury is
empanelled, the court may, on application by the accused, determine that the
question of law is such that its determination could render the conduct of the
trial unnecessary and reserve the question of law for the consideration and
determination of the Court of Appeal40.

(3) If a court reserves a question of law under subsection (2), the court must
adjourn the trial until the question of law has been considered and determined
by the Court of Appeal41 and may commit the accused to prison or admit him or
her to bail to appear before the court at the time and place that the court
directs.