Courts of Justice Act, 1928
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Additional powers of the Court of Criminal Appeal. |
5.—(1) In addition to the jurisdictions conferred on the Court of Criminal Appeal by section 34 of the Principal Act, the Court of Criminal Appeal or, on appeal, the Supreme Court shall have the following jurisdictions, that is to say:— | |
(a) the Court may notwithstanding that they are of opinion that a point raised in an appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no miscarriage of justice has actually occurred; | ||
(b) where the Court reverse a conviction in whole, the Court shall have jurisdiction to make an order (in this section referred to as an order for a re-trial) authorising the person in respect of whom such conviction was obtained to be re-tried for the same offence as that which was the subject of such conviction and shall order that the costs of the appeal and of the new trial of the accused person shall be paid by the State, unless the Court shall be of opinion that the necessity for the appeal and the new trial has been caused or contributed to by the defence, and may by such order or any subsequent order direct the person in respect of whose conviction the order was made to be retained in custody or to be admitted to bail on such terms as they think proper. | ||
(2) Whenever an order for a re-trial is made under this section by the Court of Criminal Appeal or the Supreme Court the person in respect of whose conviction the order was made may, not-withstanding any rule of law, be again indicted and tried and, if found guilty, sentenced for the offence which was the subject of such conviction. |