On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 25/06/2010.
395.
—(1) A trial court hearing any criminal case, may on the application of any party to the proceedings or on its own motion, state a case to the relevant court on any question of law.
(2) Any application or motion made —
(a)
on a question of law which arises as to the interpretation or effect of any provision of the Constitution may be made at any stage of the proceedings after the question arises and must set out the question to be referred to the relevant court;
(b)
on any other question of law must be made in writing within 10 days from the time of the making or passing of the judgment, sentence or order by the trial court and set out briefly the facts under deliberation and the question of law to be decided on them.
(3) The trial court shall —
(a)
upon an application or motion made on a question of law which arises as to the interpretation or effect of any provision of the Constitution, state the case to the relevant court by setting out the question which in its opinion has arisen as to the interpretation or effect of the Constitution, which question shall, so far as may be possible, be in a form which shall permit of an answer being given in the affirmative or the negative; and
(b)
upon an application or motion made on any other question of law, state the case to the relevant court by briefly setting out the facts that it considers proved and the question of law to be reserved for the opinion of the relevant court.
(4) Notwithstanding subsection (3), the trial court may refuse to state a case upon any application if it considers the application frivolous or without any merit, but it must state a case if the application is made by the Public Prosecutor.
(5) If a trial court refuses to state a case under subsection (4), the applicant may apply to the relevant court for an order to direct the trial court to state the case.
(6) The trial court in stating any case under subsection (3) shall cause the case to be transmitted to the Registrar of the Supreme Court.
(7) The relevant court shall hear and determine the question of law or constitutional question arising out of the case stated.
(8) Before stating any case to the relevant court under subsection (3)(a), the trial court may make an order to stay the proceedings which shall be made at such stage of the proceedings as the court may see fit, having regard to —
(a)
the decision of such questions of fact as may be necessary to assist the relevant court in deciding the question which has arisen; and
(b)
the speedy and economical final determination of the proceedings.
(9) The trial court making an order to stay the proceedings under subsection (8) may impose any terms to await the opinion and order, if any, of the relevant court on any case stated under subsection (3)(a).
(10) The trial court stating a case to the relevant court under this section may make such orders as it sees fit for the arrest, custody or release on bail of any accused.
(11) When the Registrar of the Supreme Court receives a case stated, he must send a copy to every party to the proceedings and to the Public Prosecutor (if he is not a party), and fix a date for the hearing of the case stated.
(12) The Public Prosecutor shall have a right of hearing at the hearing of the case stated.
(13) Where the High Court is hearing the case stated, it shall ordinarily be heard by a single Judge, but if the Chief Justice so directs, the case stated must be heard before a court comprising 3 or any greater uneven number of Judges.
(14) Where the Court of Appeal is hearing the case stated, it shall ordinarily be heard by 3 Judges of Appeal, but if the Chief Justice so directs, the case stated must be heard before a court comprising 5 or any greater uneven number of Judges of Appeal.
(15) In this section, “relevant court” means —
(a)
the High Court where the trial court which stated the case is a Subordinate Court; and
(b)
the Court of Appeal where the trial court which stated the case is the High Court.
396.
—(1) Any party to the proceedings may, instead of applying to state a case on any question of law arising at a trial before a Subordinate Court for the opinion of the High Court under section 395, apply to state a case directly to the Court of Appeal.
(2) An application under subsection (1) shall only be made with the leave of the Court of Appeal.
(3) When an application is made under subsection (1), the Court of Appeal may make such orders as it sees fit for the arrest, custody or release on bail of any accused.
(4) Section 395(2), (3), (6) to (12) and (14) shall apply to the case stated under this section, except that any reference to the relevant court in those provisions shall be a reference to the Court of Appeal.
Reference to Court of Appeal of criminal matter determined by High Court in exercise of its appellate or revisionary jurisdiction
397.
—(1) When a criminal matter has been determined by the High Court in the exercise of its appellate or revisionary jurisdiction, and a party to the proceedings wishes to refer any question of law of public interest which has arisen in the matter and the determination of which by the Judge has affected the case, that party may apply to the Court of Appeal for leave to refer the question to the Court of Appeal.
(2) The Public Prosecutor may refer any question of law of public interest without the leave of the Court of Appeal.
(3) An application under subsection (1) or a reference under subsection (2) shall be made within one month, or such longer time as the Court of Appeal may permit, of the determination of the matter to which it relates, and in the case of an application by the Public Prosecutor shall be made by him or with his written consent.
(4) In granting leave to refer any question of law of public interest under subsection (1), or where the Public Prosecutor refers any question of law of public interest under subsection (2), the Court of Appeal may reframe the question or questions to reflect the relevant issue of law of public interest, and may make such orders as the Court of Appeal may see fit for the arrest, custody or release on bail of any party in the case.
(5) The Court of Appeal, in hearing and determining any questions referred, may make such orders as the High Court might have made as the Court of Appeal considers just for the disposal of the case.
(6) For the purposes of this section, any question of law which any party applies to be referred regarding which there is a conflict of judicial authority shall be deemed to be a question of public interest.
398.
—(1) The High Court or the Court of Appeal, as the case may be, must hear and determine any question of law arising on the case stated under section 395 or 396 and must affirm, amend or reverse the decision or make any other order it thinks fit.
(2) Any judge stating a case under this Code shall not be liable to any costs incurred with respect to it.
399.
—(1) The opinion of the High Court or the Court of Appeal must be in the form of an answer to the question set out in the case stated under section 395 or 396.
(2) The Registrar of the Supreme Court must deliver a copy of the opinion of the High Court or of the Court of Appeal and such orders that the Court has made under section 398 to —
(a)
the Public Prosecutor;
(b)
the Registrar of the Subordinate Courts where the trial court which stated the case is a Subordinate Court; and
(c)
every party to the proceedings in which the case stated arose.
(3) If the opinion of the High Court or the Court of Appeal, as the case may be, is given pending the conclusion of the trial, the trial court must proceed with the case having regard to the opinion on the case stated and any order of the High Court or Court of Appeal made under section 398.