Criminal Procedure Code 2010 · 2020 Revised Edition · Part 20 · Appeals, Points Reserved, Revisions and Criminal Motions
396. Application to state case directly to Court of Appeal
Feedback & supportLast amended by an amending law of 2021. 3 amendments in all.
Any party to the proceedings may, instead of applying to state a case on any question of law arising at a trial before a State Court for the opinion of the General Division of the High Court under section 395, apply to state a case directly to the Court of Appeal.
State Court
“State Court” means any court constituted under the State Courts Act 1970 for the administration of criminal justice;
An application under subsection (1) may only be made with the permission of the Court of Appeal.
court
“court” means the Court of Appeal, the General Division of the High Court, a Family Court, a Youth Court, a District Court or a Magistrate’s Court (as the case may be) which exercises criminal jurisdiction;
When an application is made under subsection (1), the Court of Appeal may make such orders as it sees fit for the arrest, custody or release on bail of any accused.
Section 395(2), (3), (6) to (12) and (14) applies to the case stated under this section, except that any reference to the relevant court in those provisions is a reference to the Court of Appeal.