Section 6 Power to order retrial.

United Kingdom

(1)

Where an appeal against conviction is allowed by the Court of Appeal under section 2 of this Act and it appears to the Court that the interests of justice so require, the Court, upon quashing the conviction and any sentence passed thereon, may order the appellant to be retried.

(2)

Where, on an appeal to the Court against a sentence imposed upon conviction on indictments, it appears to the Court that there has been a mistrial of the indictment, the Court may quash the conviction, and sentence and may, if it appears to the Court that the interests of justice so require, order the appellant to be retried.

(3)

An appellant shall not be retried by virtue of this section for any offence other than—

(a)

the offence of which he was convicted at the original trial;

(b)

any offence of which he could have been convicted at the original trial on an indictment for the first-mentioned offence;

(c)

any offence charged in an alternative count of the indictment in respect of which F1no verdict was given in consequence of that conviction.

Annotations

Textual amendments

F1: Words in s. 6(3)(c) substituted (24.7.2006 for E.W. and otherwise 8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 para. 46; S.I. 2006/1835, art. 2(h) (subject to art. 3); S.I. 2006/3422, art. 2

Notes on Part I

Modifications

C1: Ss. 1-30 (Pt. I) extended (N.I.) (25.8.1996) by 1996 c. 22, ss. 11(6), 62(1) (with s. 62(2))