Criminal Procedure Code · 2021 Revised Edition · Chapter XLIV
420. Retrial
Official textFrom Attorney General's Chambers, unchanged
Where the Court of Appeal allows an appeal against conviction and it appears to the Court of Appeal that the interests of justice so require, it may order the appellant to be retried.
Court of Appeal
"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
A person shall not under this section be ordered to be retried for any offence other than -
offence
"offence" means any act or omission made punishable by any other written law for the time being in force…
the offence of which he was convicted at the original trial and in respect of which his appeal is allowed as mentioned in subsection (1);
an offence of which he could have been convicted at the original trial on a charge for the first-mentioned offence;
an offence charged in an alternative count in respect of which the Judge did not give a verdict in consequence of convicting him of the first-mentioned offence; and
any other offence which may have been disclosed by evidence adhuced at the original trial. -
Terms defined in s 2
Court of Appeal
Defined · s 2"Court of Appeal" means the Court of Appeal of the Supreme Court for Brunei Darussalam;
Judge
Defined · s 2"Judge" means a Judge of the Supreme Court and includes, where the context so permits, the Chief Justice;
offence
Defined · s 2"offence" means any act or omission made punishable by any other written law for the time being in force…