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Section 65

of Courts of Judicature Act 1964

ActIn forceProvision 67 of 81

Section 65

(1)

When any person has in a trial before the High Court in the exercise of its original criminal jurisdiction been convicted of an offence, the Judge may, if he thinks fit, reserve for the decision of the Federal Court any question of law which has arisen in the course of the trial of that person and the determination of which would affect the event of the trial.

(2)

The person so convicted shall thereupon be remanded to prison or, if the Judge thinks fit, be admitted to bail.

(3)

The Federal Court shall review the case, or such part of it as may be necessary, and finally determine the question and thereupon may alter the sentence passed and pass such sentence or give or make such judgment or order as the Federal Court thinks fit.