Section 265

When any person has in a trial before a Judge of the High Court acting in the exercise of its original criminal jurisdiction been convicted of an offence, the Judge, if he thinks fit, may reserve for the decision of the Court of Criminal Appeal any question of law which has arisen in the course of the trial of that person and the determination of which would affect the event of the trial.

If the Judge reserves any such question, the person convicted shall, pending the decision on it, be remanded to prison or, if the Judge thinks fit, be admitted to bail and the Court of Criminal Appeal may review the case or such part of it as is necessary and finally determine the question and thereupon may alter the sentence passed and pass such sentence or give or make such judgment or order as that Court thinks fit.

When any person has in a trial before a Judge of the High Court acting in the exercise of its original criminal jurisdiction been convicted of an offence and the Attorney-General is of opinion that any point or points of law arising on the trial which has or have not been reserved under this section ought to be further considered, he may certify accordingly under his hand and thereupon the Court of Criminal Appeal may review the case or such part of it as is necessary and finally determine the point or points and thereupon may alter the sentence passed and pass such judgment and sentence as that Court thinks fit in like manner as though the point or points had been reserved under subsection (1).

Questions of law under this section shall be heard before 3 or more Judges and shall be decided in accordance with the opinion of the majority of the Judges composing the Court, and if there is no such majority in accordance with the opinion of the Chief Justice or presiding Judge.[264