Criminal Procedure Act 2010


Effect of re-trial order.

13.— (1) Where a person is ordered under subsection (1) or (2) of section 10 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, the Court may—

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

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

(3) A legal aid (re-trial order) certificate which was granted in relation to the proceedings under section 8 or 9 shall have effect as if it had been granted also in relation to the re-trial ordered in respect of that person.

(4) A person who was not granted a legal aid (re-trial order) certificate and who is the subject of a re-trial order may apply for a legal aid (trial on indictment) certificate and section 3 of the Act of 1962 shall, with any necessary modifications, apply to that application.