Courts (Supplemental Provisions) Act 1961

Case stated for High Court on question of law.

52

52.(1) A justice of the District Court shall, if requested by any person who has been heard in any proceedings whatsoever before him (other than proceedings relating to an indictable offence which is not being dealt with summarily by the court) unless he consider the request frivolous, and may (without request) refer any question of law arising in such proceedings to the High Court for determination.

(2) An appeal shall lie by leave of the High Court to the Supreme Court from every determination of the High Court on a question of law referred to the High Court under subsection (1) of this section.

Annotations

Modifications (not altering text):

C41

Application of section restricted (6.11.1981) by Malicious Injuries Act 1981 (9/1981), s. 18(4), in operation as per s. 1(2).

Cases stated for opinion of Supreme Court.

18.— ...

(4) Section 2 of the Summary Jurisdiction Act, 1857 (as extended by section 51 of the Courts (Supplemental Provisions) Act 1961), section 52 of the latter Act and section 16 of the Courts of Justice Act, 1947, shall not have effect in relation to proceedings under this Act.