Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 358

Reservation of points of law

361.
(1) Any Magistrate's Court acting in summary jurisdiction may if it thinks fit reserve for the consideration of the Court of Appeal any question of law arising in the proceedings whenever any person shall have been convicted and sentenced to any penalty or punishment.
(2) Every question of law so reserved shall be submitted to the said court in the shape of a special case.
(3) Every such special case shall be drawn up by the Magistrate of the court before which the proceedings are held and shall set out shortly the facts which are considered by the Magistrate to be proved and shall state the question of law which shall have been reserved for the opinion of the court.
(4) Every such special case shall be sent by the Magistrate to the Registrar of the Court of Appeal and shall be set down for argument in such manner as the Court of Appeal may direct.
(5) The person convicted shall pending the decision on the special case be remanded to prison or if the court thinks fit admitted to bail.


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