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Section history

Section 396 — Application to state case directly to Court of Appeal

As in force on 1 January 2013.

Timeline 6 versions
  1. 2 January 2011 Enacted
  2. 1 January 2013 You are here
  3. 7 March 2014 Act 5 of 2014
  4. 2 January 2021 Act 40 of 2019
  5. 31 December 2021 Revised edition
  6. 1 April 2022 Act 25 of 2021
  7. 17 August 2026 Latest
396.Application to state case directly to Court of Appeal

(1)Any party to the proceedings may, instead of applying to state a case on any question of law arising at a trial before a Subordinate Court for the opinion of the High Court under section 395, apply to state a case directly to the Court of Appeal.

(2)An application under subsection (1) shall only be made with the leave of the Court of Appeal.

(3)When an application is made under subsection (1), the Court of Appeal may make such orders as it sees fit for the arrest, custody or release on bail of any accused.

(4)Section 395(2), (3), (6) to (12) and (14) shall apply to the case stated under this section, except that any reference to the relevant court in those provisions shall be a reference to the Court of Appeal.