Powers of Court of Appeal on reservation of question
155 Powers of Court of Appeal on reservation of question
The
Court of Appeal may determine a question reserved under this Part and make consequential orders and directions.
Examples—
The
Court of Appeal might, for example, quash an information or a count of an information or stay proceedings on an information or a count of an information if it decides that prosecution of the charge is an abuse of process.
The
Court of Appeal might, for example, set aside a conviction and order a new trial.
However—
a conviction must not be set aside on the ground of the improper admission of evidence if—
the evidence is merely of a formal character and not material to the conviction; or
the evidence is adduced for the defence; and
a conviction need not be set aside if the Court of Appeal is satisfied that, even though the question reserved should be decided in favour of the defendant, no miscarriage of justice has actually occurred;
and
if the defendant has been acquitted by the court of trial, no determination or order of the Court of Appeal can invalidate or otherwise affect the acquittal.
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