Criminal Procedure Act 1993

Re-trial.

4

4. (1) Where a person is ordered under this Act to be re-tried for an offence he 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 the Court may—

( a) where a legal aid certificate does not apply in respect thereof, order that the costs of the appeal and of the new trial, in whole or in part, be paid by the State, unless the Court is of opinion that the necessity for the appeal and the new trial has been contributed to by the defence,

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

( c) order that any property or money forfeited, restored or paid by virtue of the conviction or of any order made on the conviction be retained pending the re-trial.