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Act index » Chapter 6 - Appeals and cases stated » Part 6.3 - Appeal and case stated from County Court or Trial Division of Supreme Court to Court of Appeal » Division 5 - Case stated for Court of Appeal
308 DPP may refer point of law to Court of Appeal
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(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
(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.
(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.
(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.