Criminal Procedure Code · s 428

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

428.
Disposal of appeal under section 427
(1) The Court of Appeal shall allow an appeal under section 427
if it is of opinion that -
(a) the finding should be set aside on the ground that it is unsafe or unsatisfactory;
(b) the order giving effect to the finding should be set aside on the ground of a wrong decision on any question of law; or

Criminal Procedure Code
CAP.7 215
(c) there was a material irregularity in the course of the determination of the question of fitness to be tried, and in any other case (except one to which subsection (3) applies) shall dismiss the appeal.
(2) Notwithstanding subsection (I), the Court of Appeal may dismiss the appeal if it is of opinion that, notwithstanding that the point raised in the appeal might be decided in favour of the appellant, no a miscarriage of justice has actually occurred.
(3) An appeal under section 427 may, where the question of fitness to be tried was determined later than on the accused being charged, be allowed by the Court of Appeal (notwithstanding that the finding was properly come to) if the Court of Appeal is of opinion that the case is one in which the accused person should have been acquitted before the question of fitness to be tried was considered; and, if an appeal is allowed under this subsection, the Court of Appeal shall, in addition to quashing the finding, direct a verdict of acquittal to be recorded (but not a verdict of not guilty by reason of insanity).
(4) Subject to subsection (3), where an appeal under section 427
is allowed, the appellant may be tried for the offence with which he was charged, and the Court of Appeal may make such orders as appear to it to be necessary or expedient pending any such trial for his custody or admission to bail.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 428Disposal of appeal under section 427

(1)

The Court of Appeal shall allow an appeal under section 427

if it is of opinion that -

(a)

the finding should be set aside on the ground that it is unsafe or unsatisfactory;

(b)

the order giving effect to the finding should be set aside on the ground of a wrong decision on any question of law; or

(c)

there was a material irregularity in the course of the determination of the question of fitness to be tried, and in any other case (except one to which subsection (3) applies) shall dismiss the appeal.

(2)

Notwithstanding subsection (I), the Court of Appeal may dismiss the appeal if it is of opinion that, notwithstanding that the point raised in the appeal might be decided in favour of the appellant, no a miscarriage of justice has actually occurred.

(3)

An appeal under section 427 may, where the question of fitness to be tried was determined later than on the accused being charged, be allowed by the Court of Appeal (notwithstanding that the finding was properly come to) if the Court of Appeal is of opinion that the case is one in which the accused person should have been acquitted before the question of fitness to be tried was considered; and, if an appeal is allowed under this subsection, the Court of Appeal shall, in addition to quashing the finding, direct a verdict of acquittal to be recorded (but not a verdict of not guilty by reason of insanity).

(4)

Subject to subsection (3), where an appeal under section 427

is allowed, the appellant may be tried for the offence with which he was charged, and the Court of Appeal may make such orders as appear to it to be necessary or expedient pending any such trial for his custody or admission to bail.