[Rev. 2012] Criminal Procedure Code CAP. 75 PASSING SENTENCE 323. Calling upon the accused If the judge convicts the accused person, or if the accused person pleads guilty, the Registrar or other officer of the court shall ask him whether he has anything to say why sentence should not be passed upon him according to law, but the omission so to ask him shall have no effect on the validity of the proceedings. [Act No. 33 of 1963, First Sch.] 324. Motion in arrest of judgment (1) The accused person may, at any time before sentence, whether on his plea of guilty or otherwise, move in arrest of judgment on the ground that the information does not, after any amendment which the court has made and had power to make, state an offence which the court has power to try. (2) The court may either hear and determine the matter during the same sitting, or adjourn the hearing thereof to a future time to be fixed for that purpose. (3) If the court decides in favour of the accused, he shall be discharged from that information. 325. Sentence If no motion in arrest of judgment is made, or if the court decides against the accused person upon a motion, the court may sentence the accused person at any time during the session. 326. Power to reserve decision on question raised at trial The court before which a person is tried for an offence may reserve the giving of its final decision on questions raised at the trial, and its decision whenever given shall be considered as given at the time of the trial. 327. Power to reserve questions arising in the course of the trial (1) When a person has, in a trial before the High Court, been convicted of an offence, the judge may reserve and refer for the decision of a court consisting of two or more judges of the High Court any question which has arisen in the course of the trial, and the determination of which would affect the event of the trial. (2) If the judge reserves any such question, the person convicted shall, pending the decision thereon, be remanded to prison or be admitted to bail; and the High Court may review the case, or such part thereof as may be necessary, and finally determine the question, and thereupon may alter the sentence passed by the trial judge and pass such judgment or order as the High Court may think fit. 328. Objections cured by verdict No judgment shall be stayed or reversed on the ground of an objection which, if stated after the information was read over to the accused person, or during the progress of the trial, might have been amended by the court, nor for any informality in swearing the witnesses or any of them. [Act No. 33 of 1963, First Sch.] C44 - 87 [Issue 1]

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