Criminal Justice Act 1988

5 The following section shall be inserted after section 2—

“2A Statement of case by court

(1) If the court refuses to make an order in relation to a person under section 2 above, the chief officer of police for the area of the force to which the constable making the application under section 1 above belongs or, if the application is made in Northern Ireland, the chief constable of the Royal Ulster Constabulary may question the proceeding on the ground that it is wrong in law by applying to the court to state a case for the opinion of the High Court on the question of law involved.

(2) If the chief officer or chief constable immediately informs the court that he intends to make such an application, the court shall make an order providing for the detention of the person in question, or directing that he shall not be released except on bail.

(3) Rules of Court may specify—

(a) a period within which the chief officer or chief constable must make such an application unless the Court grants a longer period; and

(b) a period within which the court must comply with such an application.

(4) Where the court fails to comply with an application under subsection (1) above within the period specified in Rules of Court the High Court may, on the application of the chief officer or chief constable, make an order requiring the court to state a case.

(5) The High Court shall have power—

(a) to remit the case to the magistrates' court to decide it according to the opinion of the High Court on the question of law; or

(b) to dismiss the appeal.

(6) An order made by a court in England and Wales or Northern Ireland under subsection (2) above shall cease to have effect if—

(a) the High Court dismisses the appeal; and

(b) the chief officer or chief constable does not immediately—

(i) apply for leave to appeal to the House of Lords; or

(ii) inform the court that he intends to apply for leave.

(7) An order made by a court in Scotland under subsection (2) above shall cease to have effect if the court dismisses the appeal.

(8) In relation to a decision of a court on an appeal under this section, section 1 of the [1960 c. 65.] Administration of Justice Act 1960 or section 41 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978 (right of appeal to House of Lords) shall have effect as if so much of subsection (2) as restricts the grant of leave to appeal were omitted.

(9) The House of Lords may exercise any powers of the High Court under subsection (5) above and subsection (6) above shall apply to them as it applies to that Court.

(10) Subject to subsections (6) and (7) above, an order under subsection (2) above shall have effect so long as the case is pending.

(11) For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the chief officer or chief constable can take.

(12) In the application to Scotland of this section—

(a) for the references to the chief officer of police or the chief constable of the Royal Ulster Constabulary there shall be substituted references to the procurator fiscal;

(b) for the references to the High Court, other than the reference in subsection (9) above, there shall be substituted references to the High Court of Justiciary; and

(c) subsections (8) and (9) shall be omitted; and, in relation to an appeal under this section in Scotland, the court may make an order providing for the detention of the person to whom it relates, or may grant bail; and section 446(2) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 shall apply for the purpose of such an appeal as it applies for the purpose of an appeal such as is mentioned in section 444 of that Act.”.