Other subsequent prosecutions

I112Nullity of proceedings on previous indictment or complaint

1

This section applies where—

a

a person has, whether on indictment or complaint, been charged with, and acquitted or convicted of, an offence, and

b

the condition mentioned in subsection (3) is satisfied.

2

The person may be charged with, and prosecuted anew for, the offence.

3

The condition referred to in subsection (1)(b) is that, on the application of the prosecutor and after hearing parties, the High Court is satisfied that—

a

the proceedings on the indictment or complaint were a nullity, and

b

it is in the interests of justice to proceed as mentioned in subsection (2).