Commonwealth Consolidated Acts

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Appeal from arrest of judgment

             (1)  This section applies if a Court, other than:

                     (a)  the Federal Court of Australia; or

                     (b)  the Supreme Court of a Territory (other than the Australian Capital Territory or the Northern Territory);

convicts an accused person on indictment for an offence against the laws of the Commonwealth.

          (1A)  If the Court (the trial court ) before which the accused person is convicted arrests judgment at the trial, the Court must on the application of counsel for the prosecution state a case for the consideration of:

                     (a)  a Full Court of the High Court; or

                     (b)  a Full Court of the Supreme Court of the same State or Territory as the trial court.

             (2)  On the hearing of the case the Full Court may affirm or reverse the order arresting judgment. If the order is reversed the Court shall direct that judgment be pronounced upon the offender, and he or she shall be ordered to appear at such time and place as the Court directs to receive judgment, and an issuing officer (within the meaning of Part IAA of the Crimes Act 1914 ) may issue a warrant for the arrest of the offender.

             (3)  An offender so arrested may be admitted to bail by order of the Court which may be made in Court or otherwise, at the time when the order directing judgment to be pronounced is made or afterwards.

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