Section 28Part 4 — Supplementary Provisions
Appeal by Director of Public Prosecutions or complainant
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Where an accused person tried on indictment is —
discharged or acquitted by a trial judge sitting alone or by a jury (where such a jury has been directed to do so by the trial judge) including where the judgment or verdict of acquittal is as a result of a decision by the trial judge to uphold a no case submission or withdraw the case from the jury; or
convicted of an offence other than the one with which the person is charged,
the Director of Public Prosecutions or the complainant may appeal to the Court of Appeal against the judgment of the Grand Court on any ground of appeal that the decision of the trial judge is erroneous on a point of law.
A complainant shall not appeal under subsection (1) without the permission of the Director of Public Prosecutions.
Upon the hearing of an appeal brought by the Director of Public Prosecutions or a complainant under subsection (1), the Court of Appeal may allow the appeal if it appears that the discharge or acquittal of the accused should be set aside on a ground of a wrong decision of law and, in any other case, shall dismiss the appeal.
Where the court allows an appeal under subsection (1), it shall set aside the discharge or acquittal of the accused person and remit the case to the court of original jurisdiction to be retried.
Defined Terms
Director of Public Prosecutionscomplainantaccused persontrial on indictment
Referenced By
- Section 30 — Unduly lenient sentence
supplementary provisions for this section and section 28