Criminal Code (Cap. 9), article 508

508. (1) Where an appeal is allowed by reason only of evidence received or available to be received by the Court of Criminal Appeal under articles 506 and 507 or by reason of a po int raised under articles 500(4) or 501(1)(b) and in each cas e it appears to the court that the interests of justice so require, the court m ay, instead of directing the entry of a judgment and verdict of acq uittal as provided by articles 500(5), 501(2) or by article 503(4)( b), order the appellant to be retried. (2) An accused shall not be retrie d by virtue of this article fo r any offence other than - (a) the offence of which he was convicted or acquitted at the 316 CAP . 9.] CRIMINAL CODE original trial and in resp ect of which the appeal is allowed as aforesaid; (b) any offence of which the accused could have been convicted at the original tri al on an indictment for the first-mentioned offence; or (c) any offence charged in an alternative count of the indictment in respect of which the jury were discharged from giving a verdict in consequence of convicting the accused of the first-mentioned offence. (3) An accused who is to be retried for an offence in pursuance of an order under sub-article (1) shall be tried upon a fresh indictment. (4) The Court of Criminal Appeal may, upon ordering a retrial under sub-article (1), make such orders as appear to the court to be necessary or expedient for the custody or admission to bail of the accused pending the retrial. (5) Where a new trial is ordered under sub-article (1) in the case of a person who, immediately before the determination of h is appeal, was liable to be detained in Mount Carmel Hospital in pursuance of an order of the Criminal Court, the order shall continue in force pending the retrial as if the appeal had not been allowed and any order made by the Court of Criminal Appeal unde r the last preceding sub-article of this article for his custody or admission to bail shall have eff ect subject to th e said order. (6) On a retrial ordered under sub-article (1) a transcript of t he notes, in shorthand or otherwise, of the evidence given by any witness at the original trial may, with the leave of the judge, be read as evidence - (a) by agreement between the prosecution and the defence; or (b) if the judge is sat isfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or to secure his attendance have been m ade without success. (7) Where a person ordered to be retried under sub-article (1) i s convicted on the retrial, the Criminal Court may pass in respec t of the offence any sentence authorized by law, which in the case o f a retrial ordered upon an appeal of the person convicted shall no t be a sentence of greater severity than that passed on the original conviction. (8) Where the person convicted on retrial is sentenced to imprisonment or detention, the s entence shall be gin to run from the time when a like sentence passed at the original trial would ha ve begun to run, but in computing the term of his sentence or the period for which he may be detained thereunder, as the case may be, there shall be disregarded any time during which he was at large after being admitted to ba il under sub-article (4). CRIMINAL CODE [CAP. 9. 317 Stay of execution of judgment. Added by: XXV .1967.18. Amended by: XXIX.1989.4; III.2002.119.