A reference of a conviction, verdict, finding or sentence may be made under any of sections 9 to F112B either after an application has been made by or on behalf of the person to whom it relates or without an application having been so made.

In considering whether to make a reference under section F39, 10 or 12A the Commission may at any time refer any point on which they desire the assistance of the Court of Appeal F4or, as the case may be, of the Court Martial Appeal Court to that Court for the Court’s opinion on it; and on a reference under this subsection the F5court to which the reference is made shall consider the point referred and furnish the Commission with the Court’s opinion on the point.

Subject to subsection (4B), where a reference under section F89, 10 or 12A is treated as an appeal against any conviction, verdict, finding or sentence, the appeal may not be on any ground which is not related to any reason given by the Commission for making the reference.

The Court of Appeal F9or, as the case may be, the Court Martial Appeal Court may give leave for an appeal mentioned in subsection (4A) to be on a ground relating to the conviction, verdict, finding or sentence which is not related to any reason given by the Commission for making the reference.

Where a reference under F10section F1111, 12 or 12B is treated as an appeal against any conviction, verdict, finding or sentence, the appeal may be on any ground relating to the conviction, verdict, finding or sentence (whether or not the ground is related to any reason given by the Commission for making the reference).