Victorian Numbered Acts

CRIMINAL PROCEDURE AMENDMENT ACT 2012 (NO. 48 OF 2012) - SECT 18

After section 302 of the Principal Act insert —

    " 302A     Reservation of question of law on appeal to County Court

If on the hearing of an appeal under Part 6.1 to the County Court from the Magistrates' Court a question of law arises, the County Court may reserve the question for determination by the Court of Appeal if the County Court is satisfied that it is in the interests of justice to do so, having regard to—

        (a)     the extent of any disruption or delay to the hearing that may arise if the question of law is reserved; and

        (b)     whether the determination of the question of law may—

              (i)     render the hearing unnecessary; or

              (ii)     substantially reduce the time required for the hearing; or

              (iii)     resolve a novel question of law that is necessary for the proper conduct of the hearing.".