Determination of Questions of Law
If a person has been convicted by the High Court, the trial judge and the Public Prosecutor may reserve for the Court of Appeal's decision any questions of law that arose during the trial that would affect its outcome. Any other party to the proceedings may also apply for the trial judge to state a case on a question of law for the Court of Appeal's determination, and if the judge declines to do so the party may apply to the Court of Appeal to direct the trial judge to state a case. During a Subordinate Court trial, instead of applying for the trial judge to state a case for the High Court's opinion, a party to the proceedings may apply to the Court of Appeal for leave for a case to be stated directly to that Court.
Upon a review of the case, the Court of Appeal will make a determination on the question and may then alter the sentence passed, pass a sentence, or give such judgment or make such order as it deems fit. The Court of Appeal exercises a similar power to determine questions of law reserved for its decision by the High Court or the Public Prosecutor after the High Court has heard an appeal from a Subordinate Court or has exercised its revisionary jurisdiction. Any question of law on which there is a conflict of judicial authority is deemed to be a question of public interest.
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