Section 7 Power to order retrial.

England and Wales

(1)

Where the Court of Appeal allow an appeal against conviction . . . F1and 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 F2no verdict was given in consequence of F3his being convicted of the first-mentioned offence.

Annotations

Textual amendments

F1: Words repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 43(1)(5), 170, Sch. 8 para. 16, Sch. 16
F2: 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)
F3: 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)