Criminal Justice Act 1972

Section 63(3).

SCHEDULE 4 Section to be inserted in the Criminal Appeal (Northern Ireland) Act 1968 (c. 21)

48A Reference to Court of Criminal Appeal of point of law following acquittal on indictment.

(1) Where a person tried on indictment has been acquitted (whether in respect of the whole or part of the indictment) the Attorney General may, if he desires the opinion of the Court of Criminal Appeal on a point of law which has arisen in the case, refer that point to the Court, and the Court shall, in accordance with this section, consider the point and give their opinion on it.

(2) For the purpose of their consideration of a point referred to them under this section, the Court of Criminal Appeal shall hear argument—

(a) by, or by counsel on behalf of, the Attorney General; and

(b) if the acquitted person desires to present any argument to the Court, by counsel on his behalf or, with the leave of the Court, by the acquitted person himself.

(3) Where the Court have given their opinion on a point referred to them under this section, the Court may, of their own motion or in pursuance of an application in that behalf, refer the point to the House of Lords if it appears to the Court that the point ought to be considered by that House.

(4) If a point is referred to the House of Lords under subsection (3) of this section, the House shall consider the point and give their opinion on it accordingly ; and section 38(1) of this Act shall apply also in relation to any proceedings of the House under this section.

(5) Where on a point being referred to the Court under this section or further referred to the House of Lords the acquitted person appears by counsel for the purpose of presenting any argument to the Court or the House, he shall be entitled to his costs, that is to say to the payment out of moneys appropriated from the Exchequer of Northern Ireland of such sums as are reasonably sufficient to compensate him for his expenses properly incurred for the purpose of being represented on the reference or further reference ; and any amount recoverable under this subsection shall be ascertained as soon as practicable by the Registrar or, as the case may be, such officer as may be prescribed by order of the House of Lords.

(6) A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.

(7) In this section " the Attorney-General" means the Attorney-General for Northern Ireland.