68ZH

Orders on appeal against conviction

Current

(1)

This section applies if the court grants leave under section 68ZG.

(2)

The court, on an appeal against a conviction or finding of guilt, may—

(a)

allow the appeal if it considers that—

(i)

there is fresh and compelling evidence; and

(ii)

after taking into account the fresh and compelling evidence, there has been a substantial miscarriage of justice; or

(b)

dismiss the appeal.

(3)

If the court allows the appeal, the court must—

(a)

set aside the conviction or finding of guilt; and

(b)

either order—

(i)

a verdict of not guilty to be entered; or

(ii)

a new trial or hearing.

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