Section 381A — Crimes Act 1961: Question of law arising out of discharge under section 347 or stay of prosecution may be referred to Court of Appeal

381A Question of law arising out of discharge under section 347 or stay of prosecution may be referred to Court of Appeal (1) A Judge who directs that an accused be discharged under section 347 or for any reason that a prosecution be stayed may, on the application of the prosecutor, refer for the opinion of the Court of Appeal any question of law arising out of that direction. (2) The prosecutor must apply as soon as reasonably practicable after the Judge gives his or her reasons for the direction, and in no case later than 10 days after the reasons for the direction are given. (3) When a question is referred to the Court of Appeal, the accused who has been discharged or whose prosecution has been stayed is subject to again being arrested or summoned to appear if the Court of Appeal orders a new trial. (4) The Judge who refers a question to the Court of Appeal must approve and sign the form of the question. (5) If the Judge refuses to refer a question to the Court of Appeal, the prosecutor may apply to the Court of Appeal for leave to appeal against that refusal. (6) The Court of Appeal may, on considering any evidence it requires, grant or refuse leave. (7) If leave to appeal is granted, a case must be stated for the opinion of the Court of Appeal as if the question had been referred under subsection (1). Section 381A: inserted, on 26 June 2008, by section 9 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).