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In force2021 Revised Edition
Contents

Chapter XLIV

415. Appeal against conviction allowed

(1)

Except as provided by this Code, the Court of Appeal shall allow an appeal against conviction if it thinks that -

(a)

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

(b)

the conviction 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 trial, and in any other case shall dismiss the appeal.

(2)

The Court of Appeal may, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred.

(3)

The Court of Appeal shall, if it allows the appeal, quash the conviction.

(4)

An order of the Court of Appeal quashing a conviction shall, except when under section 420 the appellant is ordered to be retried, operate as a direction to the trial Court to enter, instead of the record of conviction, a judgment and verdict of acquittal.

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