Magistrates Court Act 1991

A Court to which a particular appeal against conviction lies under section 42 (the appeal court) may hear a second or subsequent appeal against conviction if the Court is satisfied that there is fresh and compelling evidence that should, in the interests of justice, be considered on an appeal.

A convicted person may only appeal under this section with the permission of the appeal court.

The appeal court may allow an appeal under this section if it thinks that there was a substantial miscarriage of justice.

If an appeal against conviction is allowed under this section, the court may quash the conviction and either direct a judgment and verdict of acquittal to be entered or direct a new trial by the Magistrates

Court.

If the appeal court orders a new trial under subsection (4), the court—

may make such other orders as the court thinks fit for the safe custody of the person who is to be retried or for admitting the person to bail;

but

may not make any order directing the Magistrates Court to convict or sentence the person.

For the purposes of subsection (1), evidence relating to an offence is—

fresh if—

it was not adduced at the trial of the offence; and

it could not, even with the exercise of reasonable diligence, have been adduced at the trial; and

compelling if—

it is reliable; and

it is substantial; and

it is highly probative in the context of the issues in dispute at the trial of the offence.

Evidence is not precluded from being admissible on an appeal referred to in subsection (1) just because it would not have been admissible in the earlier trial of the offence resulting in the relevant conviction.