Criminal Procedure Code · s 438M

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438M.
Disposal of appeal under section 438K a
(1) The Court of Appeal shall allow an appeal by the Public
Prosecutor under section 438L if it thinks 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) these was a material irregularity in the course of the finding 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 considers that, notwithstanding that the point raised in the appeal might be decided in favour of the Public Prosecutor, no miscarriage of justice has actually occurred.
(3) An appeal by the Public Prosecutor under section 438L may, where the question of fitness to be tried was determined later than on the respondent being charged, be allowed by the Court of Appeal a
(notwithstanding that the finding was properly come to) if the Court of
Appeal is of the opinion that the case is one in which the respondent should have not 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 that a new trial be ordered.
(4) Subject to subsection (3), where appeal under section 438L is a allowed, the respondent may be tried for the offence with which he was charged, and the Court of Appeal may make such order as appear to it to be

226

Criminal Procedure Code necessary or expedient pending any such trial for his detention in custody or admission to bail.

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s 438MDisposal of appeal under section 438K a

(1)

The Court of Appeal shall allow an appeal by the Public

Prosecutor under section 438L if it thinks 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)

these was a material irregularity in the course of the finding 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 considers that, notwithstanding that the point raised in the appeal might be decided in favour of the Public Prosecutor, no miscarriage of justice has actually occurred.

(3)

An appeal by the Public Prosecutor under section 438L may, where the question of fitness to be tried was determined later than on the respondent being charged, be allowed by the Court of Appeal a

(notwithstanding that the finding was properly come to) if the Court of

Appeal is of the opinion that the case is one in which the respondent should have not 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 that a new trial be ordered.

(4)

Subject to subsection (3), where appeal under section 438L is a allowed, the respondent may be tried for the offence with which he was charged, and the Court of Appeal may make such order as appear to it to be

226

Criminal Procedure Code necessary or expedient pending any such trial for his detention in custody or admission to bail.