A s 128 certificate issued at a first trial operates according to its terms to protect the evidence from use at a retrial, which is a separate 'proceeding' for the purposes of s 128(7). A trial judge at a retrial must determine admissibility by reference to the terms of the certificate, not by reconsidering whether the certificate should have been issued. The proviso will not be applied where wrongly admitted evidence contained admissions of serious criminal activity and the first jury was unable to agree on a verdict.
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