Part I

Appeal to Court of Appeal in Criminal Cases

Retrial

Power to order retrial.
7
1
Where the Court of Appeal allow an appeal against conviction . . . and it appears to the Court that the interests of justice so require, they may order the appellant to be retried.
2
A person shall not under this section be ordered to be retried for any offence other than—
a
the offence of which he was convicted at the original trial and in respect of which his appeal is allowed as mentioned in subsection (1) above;
b
an offence of which he could have been convicted at the original trial on an indictment for the first-mentioned offence; or
c
an offence charged in an alternative count of the indictment in respect of which no verdict was given in consequence of his being convicted of the first-mentioned offence.
Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 43(1)(5), 170, Sch. 8 para. 16, Sch. 16
Words in s. 7(2)(c) substituted (24.7.2006 for E.W., 8.1.2007 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 44(b); S.I. 2006/1835, art. 2(h); S.I. 2006/3422, art. 2(c)(i)
Words in s. 7(2)(c) substituted (24.7.2006 for E.W., 8.1.2007 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 44(a); S.I. 2006/1835, art. 2(h); S.I. 2006/3422, art. 2(c)(i)