Singapore legislation

Clause 60

of Supreme Court of Judicature Bill

Clause 60

Reference to Court of Criminal Appeal on appeal from subordinate court

(1)

When an appeal from a decision of a subordinate court in a criminal matter has been determined by the High Court the Judge may on the application of any party and shall on the application of the Public Prosecutor reserve for the decision of the Court of Criminal Appeal any question of law of public interest which has arisen in the course of the appeal and the determination of which by the Judge has affected the event of the appeal.

(2)

An application under this section shall be made within one month or such longer time as the Court of Criminal Appeal may permit of the determination of the appeal to which it relates and in the case of an application by the Public Prosecutor shall be made by or with the consent in writing of that officer only.

(3)

When a question has been reserved under this section the Judge who has reserved the same may make such orders as he may see fit for the arrest, custody or release on bail of any party to the appeal.

(4)

The Court of Criminal Appeal shall hear and determine the question reserved and may make such orders as the High Court might have made as it may consider just for the disposal of the appeal.

(5)

For the purposes of this section but without prejudice to the generality of its provisions —

(a)

any question of law regarding which there is a conflict of judicial authority shall be deemed to be a question of public interest; and

(b)

the reservation of a question of law for the consideration of the High Court under the provisions of any written law relating to criminal procedure or the exercise by the High Court of any power of revision under any such written law shall be deemed to be an appeal from a decision of a subordinate court in a criminal matter.