Victorian Current Acts

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DPP may refer point of law to Court of Appeal

    (1)     If a person is acquitted in respect of all or any charges—

        (a)     in a trial on indictment before the Supreme Court or the County Court; or

S. 308(1)(b) amended by Nos 3/2016 s. 82, 38/2017 s. 83, 1/2022 s. 75(1).

        (b)     on an appeal to the County Court from the Magistrates' Court or, if the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder, to the Court of Appeal—

the DPP may refer to the Court of Appeal any point of law that has arisen in the proceeding.

S. 308(1A) inserted by No. 1/2022 s. 75(2).

    (1A)     For the avoidance of doubt, if a point of law arises in an appeal proceeding, and that appeal is from the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, subsection (1)(b) does not apply.

    (2)     The Court of Appeal is to consider a point of law referred to it under subsection (1) and give its opinion on it.

S. 308(3) amended by No. 68/2009 s. 31.

    (3)     An acquitted person who appears in court in person or by a legal practitioner is entitled to reasonable costs as settled by the Costs Court.

S. 308(4) amended by No. 48/2012 s. 20(3).

    (4)     A reference under this section does not affect the trial or hearing in relation to which the reference is made or an acquittal in that trial or hearing.

Division 6—Status of sentences and orders during appeal period

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