Reference to Court of Appeal of criminal matter determined by High Court in exercise of its appellate or revisionary jurisdiction
—(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.