21. Reference of question of law to Supreme Court.
The Act of 1967 is amended by the substitution of the following section for section 34:
"34. Reference of question of law to Supreme Court.
(1) Where a person tried on indictment is acquitted (whether in respect of the whole or part of the indictment) the Attorney General in any case or, if he or she is the prosecuting authority in the trial, the Director of Public Prosecutions may, without prejudice to the verdict or decision in favour of the accused person, refer a question of law arising during the trial to the Supreme Court for determination.
(2) Where a question of law is referred to the Supreme Court under subsection (1), the statement of the question shall be settled by the Attorney General or the Director of Public Prosecutions, as may be appropriate, after consultation with the trial judge concerned or, in the case of a Special Criminal Court, with the member of that Court who pronounced the decision of the Court in the trial concerned following consultation by that member with the other members of the Court concerned and shall include any observations which the judge or that member, as may be appropriate, may wish to add.
(3) For the purpose of considering a question referred to it under this section, the Supreme Court shall hear argument -
(a) by, or by counsel on behalf of, the Attorney General or the Director of Public Prosecutions, as may be appropriate,
(b) if the acquitted person so wishes, by counsel on his or her behalf or, with the leave of the Court, by the acquitted person himself or herself, and