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allows the DPP to refer a point of law to the Court of Appeal following an acquittal in respect of all or any of the charges. Pursuant to subclause (4) a reference under this clause does not affect the trial in relation to which the reference is made or an acquittal in that trial. Division 6—Status of sentences and orders during appeal period Currently, there is no general rule providing for or against stays of sentencing orders or an offender appeal to the Court of Appeal. The provisions that determine how an appeal affects sentencing orders are in both the Crimes Act 1958 and the Supreme Court (Criminal Procedure) Rules 1998. The Bill states and, where possible, clarifies the current position. In summary, clauses 309–312 of the Bill—
create an express presumption that, unless this Bill or any other Act provides to the contrary, sentences are not stayed during the appeal period;
provide exceptions for specific orders to be automatically stayed, namely—
compensation orders under sections 85B (pain and suffering) and 86 (property loss) of the Sentencing Act 1991;
provide a power for the trial court and/or the Court of Appeal to stay any other sentencing orders in the interests of justice. The trial court has that power prior to an appeal being filed and the Court of Appeal has it after that point;
include the power to grant stays as a power that can be exercised by a single judge of the Court of Appeal under clause 315; and
as a separate matter, provide that, where any order is made under any Act for the forfeiture or destruction of an item, as a minimum protection, the item must not be destroyed until the appeal period expires.