Clause 58

When any person has been acquitted in a trial before the High Court in the exercise of its original criminal jurisdiction and the Public Prosecutor has, within one month from the date of such acquittal or such time as the Court of Criminal Appeal may permit, signed and filed with the Registrar a certificate that the determination of such trial involved a question of law which it is desirable to have determined by the Court of Criminal Appeal, the Court of Criminal Appeal shall review the case or such part of it as may be necessary and shall deliver a declaratory judgment thereon.

A declaratory judgment of the Court of Criminal Appeal under subsection (1) of this section shall not operate to reverse an order of acquittal, but such judgment shall thereafter be binding upon all other courts in the same manner as an ordinary judgment of the Court of Criminal Appeal.

The powers conferred upon the Public Prosecutor by this section shall be exercisable by that officer only.