Criminal Justice Act 2006
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PART 4 Appeals in Certain Criminal Proceedings | ||
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Reference of question of law to Supreme Court. |
21.— The Act of 1967 is amended by the substitution of the following section for section 34: | |
“Reference of question of law to Supreme Court. | ||
34.—(1) Where a person tried on indictment is acquitted (whether in respect of the whole or part of the indictment) the Attorney General in any case or, if he or she is the prosecuting authority in the trial, the Director of Public Prosecutions may, without prejudice to the verdict or decision in favour of the accused person, refer a question of law arising during the trial to the Supreme Court for determination. | ||
(2) Where a question of law is referred to the Supreme Court under subsection (1), the statement of the question shall be settled by the Attorney General or the Director of Public Prosecutions, as may be appropriate, after consultation with the trial judge concerned or, in the case of a Special Criminal Court, with the member of that Court who pronounced the decision of the Court in the trial concerned following consultation by that member with the other members of the Court concerned and shall include any observations which the judge or that member, as may be appropriate, may wish to add. | ||
(3) For the purpose of considering a question referred to it under this section, the Supreme Court shall hear argument— | ||
(a) by, or by counsel on behalf of, the Attorney General or the Director of Public Prosecutions, as may be appropriate, | ||
(b) if the acquitted person so wishes, by counsel on his or her behalf or, with the leave of the Court, by the acquitted person himself or herself, and | ||
(c) if counsel are assigned under subsection (4), such counsel. | ||
(4) The Supreme Court shall assign counsel to argue in support of the decision if— | ||
(a) the acquitted person waives his or her right to be represented or heard under subsection (3)(b), or | ||
(b) notwithstanding the fact that the acquitted person exercises his or her right to be represented or heard under subsection (3)(b), the Court considers it desirable in the public interest to do so. | ||
(5) The Supreme Court shall ensure, in so far as it is reasonably practicable to do so, that the identity of the acquitted person in proceedings under this section is not disclosed in connection with the proceedings unless the person agrees to the use of his or her name in the proceedings. | ||
(6) If the acquitted person wishes to be represented in proceedings before the Supreme Court under this section and a legal aid (Supreme Court) certificate is granted under subsection (7), or is deemed to have been granted under subsection (8), in respect of him or her, he or she shall be entitled to free legal aid in the preparation and presentation of any argument that he or she wishes to make to the Court and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of the Criminal Justice (Legal Aid) Act 1962 . | ||
(7) The acquitted person may, in relation to proceedings under this section, apply for a legal aid (Supreme Court) certificate to the Supreme Court either— | ||
(a) by letter addressed to the registrar of the Supreme Court setting out the facts of the case and the grounds of the application, or | ||
(b) to the Supreme Court itself, | ||
and the Court shall grant the certificate if (but only if) it appears to the Court that the means of the person are insufficient to enable him or her to obtain legal aid. | ||
(8) If a legal aid (trial on indictment) certificate was granted in respect of the acquitted person in relation to the trial on indictment concerned, a legal aid (Supreme Court) certificate shall be deemed to have been granted in respect of him or her in relation to proceedings under this section. | ||
(9) In this section ‘legal aid (Supreme Court) certificate’ and ‘legal aid (trial on indictment) certificate’ have the meanings they have in the Criminal Justice (Legal Aid) Act 1962 .”. |