Criminal Code (Cap. 9), article 495

495. (1) If, during the trial, or after the jury have returned a verdict of guilty, the sitting judge dies or becomes ill, anoth er judge shall be surrogated as provided by law, and all proceedings whi ch shall have taken place subsequently to the recording of the ans wer given by the accused, shall take place anew, if the court shall so deem fit. (2) Whatever shall be the verdict of the jury after the proceedings shall have taken place anew, it shall not be lawful to award a punishment higher th an that to which the offence previously found by the jury was liable. (3) The proceedings which shall have already taken place shall not take place anew i f the accused had be en found not guilty. (4) The proceedings shall take place anew, if the Attorney General or prosecuting counsel d ies, or becomes ill, before he has discharged the duties set out in articles 456, 457 and 464, or if the advocate for the accused dies or becomes ill, or if the accused himself becomes ill, before the d efence as provided in article 458 is terminated. Functions of registrar in the Criminal Court. Second part of sec.30 of Ord. VI of 1980 incorporated. Amended by: XXVII.1975.40. Substituted by: XXIV .1995.360; XXXI.2002.200. Cap.12.