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The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2010-01-16

308. DPP may refer point of law to Court of Appeal

308. DPP may refer point of law to Court of Appeal

(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—

the DPP may refer to the Court of Appeal any point of law that has arisen in the proceeding.

(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 Costs 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.

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