Singapore legislation
Section 263
Section 263
Reservation of points of law and stating of cases
(1)
Any Magistrate’s Court or District Court acting in summary jurisdiction in any criminal cause or matter may, on the written application of any party to the proceedings made to the court within 10 days from the time of the judgment, sentence or order passed or made in it, or without any such application, if the court thinks fit, reserve for the consideration of the High Court any question or questions of law arising in the proceedings setting out shortly the facts on which the law is being applied and the questions of law to be determined on them.
(2)
Every question of law so reserved shall be submitted to the High Court in the shape of a special case in the form in Schedule B.[Form 43.]
(3)
If the court is of the opinion that any application made is frivolous but not otherwise, it may refuse to state a case and shall on the request of the applicant sign and deliver to him a certificate of the refusal:Provided that the court shall not refuse to state a case where the application is made by the Public Prosecutor.
(4)
Where a court refuses to state a case under sub-section (3) it shall be lawful for the applicant to apply to the High Court for an order of mandamus and if the High Court makes the order the court shall state the case accordingly.
(5)
Every such special case shall be drawn up by the Magistrate or District Judge of the court before which the proceedings are held and shall —
set out shortly the facts which are considered by the Magistrate or District Judge to be proved;
state the question or questions of law which is or have been reserved for the opinion of the High Court; and
be sent by the Magistrate or the District Judge to the Registrar.
(6)
The Registrar on receiving a special case shall send a copy of it to every party to the proceedings and to the Public Prosecutor if he is not a party and shall have the case set down for argument in such manner as to the High Court seems fit.[262