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Section 168B: Statement of question reserved

Criminal Procedure Act · PART VI: JUDGMENT AND SENTENCE

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

168B. Statement of question reserved (1) The Judge by whom a question of law is reserved under section 168A shall— (a) state the question with the circumstances upon which it has arisen; and (b) direct such statement to be entered upon the record for the opinion of the Court of Criminal Appeal. C59 – 31 [Issue 2] Criminal Procedure Act (2) The matter shall be argued before the Court of Criminal Appeal, where it so directs, by Counsel for the State and for the defence. (3) The Court of Criminal Appeal shall have full power and authority— (a) to hear and finally determine the question; (b) to reverse, affirm or amend a judgment which has been given; or (c) to order that the verdict of guilty be set aside, and that a judgment of acquittal be entered on the record. (4) Where a question of law has been reserved and a recognisance has been entered into for the appearance of the person convicted for receiving judgment or for his rendering himself in execution, and the person convicted fails to appear or surrender himself in compliance with the terms of the recognisance, a warrant may be issued by a Judge for his arrest and execution shall issue for the recovery of the amount of the recognisance as if a civil judgment had been obtained against the person convicted and his surety or sureties. [S. 168B amended by Act 48 of 1991.] 168C. — 169. —

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