Criminal Procedure Act 2010

26.

Order for re-trial following appeal under section 23 .

26.— (1) Where a person is ordered under section 23 to be re-tried for an offence he or she may, notwithstanding any rule of law, be again indicted and tried and, if found guilty, sentenced for that offence.

(2) In a case to which subsection (1) relates, F8 [ the Court of Appeal or the Supreme Court, as the case may be, ] may—

( a) order that the person concerned be detained in custody or admitted to bail pending the re-trial on such terms as that Court thinks proper,

( b) where the person does not appear before the Court for the hearing and determination of the appeal, issue a warrant for his or her arrest.

(3) F8 [ A legal aid (appeal) certificate or a legal aid (Supreme Court) certificate ] which was granted in relation to the proceedings under section 23 , or in the case of a person who waived his or her right to be represented in respect of those proceedings and a legal aid (trial on indictment) certificate was granted to him or her in respect of the original proceedings, the legal aid (trial on indictment) certificate, shall have effect as if it had been granted also in relation to a re-trial ordered under section 23 .