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Contents » Chapter 6 - APPEALS AND CASES STATED PART 6.1—APPEAL FROM MAGISTRATES' COURT TO COUNTY COURT » Division 5 - Case stated for Court of Appeal
Clause 308 DPP may refer point of law to Court of Appeal
(1)If a person is acquitted in respect of all or any charges— the DPP may refer to the Court of Appeal any point of law that has arisen in the proceeding.
(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—
(2)The Court of Appeal is to consider a point of law referred to it under subsection (1) and give its opinion on it.
(3)An acquitted person who appears in court in person or by a legal practitioner is entitled to reasonable costs as settled by the Taxing Master of the Supreme Court.
(4)A reference under this section does not affect the trial in relation to which the reference is made or an acquittal in that trial.