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CRIMINAL CODE 1899 - SECT 668B
Reservation of points of law
668B Reservation of points of law
(1) When any person is indicted for any indictable offence, the court of trial
must, on the application of counsel for the accused person made before
verdict, and may in its discretion, either before or after judgment, without
such application, reserve any question of law which arises on the trial for
the consideration of the Court.
(2) If the accused person is convicted, and a
question of law has been so reserved before judgment, the court of trial may
either pronounce judgment on the conviction and respite execution of the
judgment, or postpone the judgment until the question has been considered and
decided, and may either commit the person convicted to prison or grant bail to
the person conditioned to appear at such time and place as the court of trial
may direct, and to render himself or herself in execution, or to receive
judgment, as the case may be.
(3) The judge of the court of trial is
thereupon required to state, in a case signed by the judge, the question of
law so reserved, with the special circumstances upon which it arose; and the
case is to be transmitted to the Court.
(4) Any question so reserved is to be
heard and determined as an appeal by the Court.
(5) The Court may send the
case back to be amended or restated if it thinks it necessary so to do.
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