CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 100
Court of Criminal Appeal may order retrial--fresh and compelling evidence
CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 100
Court of Criminal Appeal may order retrial--fresh and compelling evidence
100 Court of Criminal Appeal may order retrial--fresh and compelling evidence
(1) The Court of Criminal Appeal may, on the application of the Director of
Public Prosecutions, order an acquitted person to be retried for a
life sentence offence if satisfied that--
(a) there is fresh and compelling
evidence against the acquitted person in relation to the offence, and
(b) in
all the circumstances it is in the interests of justice for the order to be
made.
(2) If the Court of Criminal Appeal orders an acquitted person to be
retried, the Court is to quash the person's acquittal or remove the acquittal
as a bar to the person being retried for the offence (as the case requires).
(3) The Court of Criminal Appeal may order a person to be retried for a
life sentence offence under this section even if the person had been charged
with and acquitted of manslaughter or other lesser offence.
(4) The Court of
Criminal Appeal cannot order a person to be retried for a
life sentence offence under this section where the person had been charged
with and acquitted of the life sentence offence but had been convicted instead
of manslaughter or other lesser offence.
