CRIMINAL APPEAL ACT 1912 - SECT 5G
Appeal against discharge of whole jury
CRIMINAL APPEAL ACT 1912 - SECT 5G
Appeal against discharge of whole jury
5G Appeal against discharge of whole jury
(1) The Attorney General, Director of Public Prosecutions or any other party
to a trial of criminal proceedings before a jury may appeal to the Court of
Criminal Appeal for review of any decision by the court to discharge the jury,
but only with the leave of the Court of Criminal Appeal.
(2) The Court of
Criminal Appeal is to deal with an appeal as soon as possible after the
application for leave to appeal is lodged.
(a) may affirm or vacate the decision appealed against, and
(b) if it vacates
the decision, may make some other decision instead of the decision appealed
against.
(4) If leave to appeal under this section is refused by the Court of
Criminal Appeal, the refusal does not preclude any other appeal following a
conviction on the matter to which the refused application for leave to appeal
related.