Section 380 — Crimes Act 1961: Reserving question of the law

380 Reserving question of the law (1) The Court before which any accused person is tried may, either during or after the trial, reserve for the opinion of the Court of Appeal, in manner hereinafter provided, any question of law arising either on the trial or on any of the proceedings preliminary, subsequent, or incidental thereto, or arising out of the direction of the Judge, other than a question arising on any of the proceedings preliminary to the trial and already determined by the Court of Appeal under section 379A of this Act. (2) If the decision of the question may in the opinion of the Court depend on any questions of fact, the Court may in its discretion ask the jury questions as to the facts separately, and the Court shall make a note of those questions and the findings thereon. (3) Either the prosecutor or the accused may during the trial apply to the Court to reserve any such question as aforesaid, and the Court, if it refuses so to reserve it, shall nevertheless take a note of the application, unless it considers the same to be frivolous. (4) If the result of the trial is acquittal the accused shall be discharged, subject to being again arrested if the Court of Appeal orders a new trial. (5) If the result of the trial is conviction, the Court may in its discretion respite the execution of the sentence or postpone sentence until the question reserved has been decided by the Court of Appeal, and one of the following has happened: (a) no application for leave to appeal to the Supreme Court against the Court of Appeal's decision has been made within the time required: (b) the Supreme Court has refused leave to appeal against the Court of Appeal's decision: (c) the Supreme Court has given leave to appeal against the Court of Appeal's decision, but— (i) no appeal has been brought within the time required; or (ii) an appeal has been brought but abandoned: (d) the Supreme Court has decided an appeal against the Court of Appeal's decision. (6) If the question is reserved, a case shall be stated for the opinion of the Court of Appeal, to be approved and signed by the Judge who presided at the trial. Compare: 1908 No 32 s 442 Subsection (1) was amended, as from 1 January 1967, by section 8(3) Crimes Amendment Act 1966 (1966 No 98) by inserting the words “ other than a question arising on any of the proceedings preliminary to the trial and already determined by the Court of Appeal under section 379A of this Act ” . Subsection (5) was amended, as from 1 December 1991, by section 10 Crimes Amendment Act 1991 (1991 No 106) by inserting the words “ , subject to section 318 of this Act, ” . Subsection (5) was substituted, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38). See section 75 of that Act as to the savings provisions. Subsection (5) was substituted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions.