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Section history

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

As in force on 31 December 2021.

Timeline 6 versions
  1. 2 January 2011 Enacted
  2. 7 March 2014 Act 5 of 2014
  3. 2 January 2021 Act 40 of 2019
  4. 31 December 2021 Revised edition
  5. 1 April 2022 Act 25 of 2021
  6. 17 August 2026 Latest
Revised edition in force 31 December 2021

The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.

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 State Court for the opinion of the General Division of the High Court under section 395, apply to state a case directly to the Court of Appeal.

(2)An application under subsection (1) may 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) applies to the case stated under this section, except that any reference to the relevant court in those provisions is a reference to the Court of Appeal.