Section 381 — Crimes Act 1961: Appeal where no question reserved

381 Appeal where no question reserved (1) If the Court refuses to reserve the question the party applying may move the Court of Appeal for leave to appeal against that refusal. (2) The Court of Appeal may upon the motion, and upon considering such evidence, if any, as it thinks fit to require, grant or refuse such leave. (3) If leave to appeal is granted, a case shall be stated for the opinion of the Court of Appeal as if the question had been reserved. (3A) The decision of the Court of Appeal to refuse to grant leave is final. (4) If the Court has arrested judgment, and refused to pass any sentence, the prosecutor may without leave move the Court of Appeal to pass a proper sentence. Compare: 1908 No 32 s 443; 1920 No 15 s 3 Subsection (3A) was inserted, 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.