Section 19A: Application to Court for review and retrial

19A. Application to Court for review and retrial (1) (a) Where a person has been acquitted following a trial before the Supreme Court or appellate proceedings before the Court, the Director of Public Prosecutions may, subject to paragraph (b), apply to the Court for a review of the proceedings relating to the acquittal. (b) Paragraph (a) shall not apply to a person who has been acquitted following a retrial ordered pursuant to subsection (5). C56 – 9 [Issue 6] Criminal Appeal Act (2) Where a person has been convicted following a trial before the Supreme Court or appellate proceedings before the Court, the convicted person may apply to the Court for a review of the proceedings relating to the conviction. (3) (a) Subject to paragraph (b), an application under subsection (1) or (2) shall be made in accordance with Rules of Court. (b) Sections 10, 11, 14, 15, 16, 17 and 18 shall apply mutatis mutandis to an application for review under this section. (4) (a) Notwithstanding subsection (2), where a person, who has been convicted following a trial before the Supreme Court, makes an application to the Human Rights Division under section 4A of the Protection of Human Rights Act, the Human Rights Division may, subject to paragraph (b), refer the conviction to the Court for a review of the proceedings relating to the conviction. (b) The Human Rights Division shall not refer a conviction to the Court unless it is satisfied, having regard to any fresh and compelling evidence, that there is a real possibility that the conviction will not be upheld if the reference is made. (c) Any reference by the Human Rights Division to the Court shall be made and determined in accordance with Rules of Court. (5) Where the Court is satisfied that— (a) there is fresh evidence and compelling evidence in relation to the offence or a lesser offence; and (b) it is likely that the retrial will be fair, having regard to the circumstances, including the length of time since the offence is alleged to have been committed. the Court— (i) shall, where an application has been made under subsection (1) or (2), grant the application; (ii) shall quash the conviction or acquittal, as the case may be; (iii) shall order that the person be retried for the offence with which he was originally charged or a lesser offence; and (iv) may make such other order as it considers appropriate. (6) In this section— “compelling evidence” means evidence which is— (a) reliable; (b) substantial; and (c) highly probative in the context of the issues in dispute at the trial; [Issue 6] C56 – 10