Criminal Appeals Act 2004

This section applies in the case of an appeal by a prosecutor against any decision referred to in section 24(2) in relation to an indictable charge.

On the appeal the Court of Appeal —

may affirm, vary or set aside the decision and any judgment entered or order made as a result of the decision; and

may enter any judgment, make any order, exercise any power (including a power to amend the charge), and direct any step to be taken, which should have been given, made, exercised or taken in the first instance; and

if it sets aside a decision, may order a trial or a new trial, as the case requires.

Even if a ground of appeal might be decided in favour of the prosecutor, the Court of Appeal may dismiss the appeal if it considers that no substantial miscarriage of justice has occurred.

If the Court of Appeal sets aside a judgment entered under the Criminal Procedure Act 2004 section 128(2) after the accused was found guilty of an offence but before the accused was convicted of it, the court must —

enter a judgment of conviction of the offence against the accused; and

order the accused to appear to receive judgment and be dealt with according to law by the Court of Appeal or the trial court, as the Court of Appeal decides.

If an order is made under subsection (3), the Court of Appeal Registrar may issue a warrant to have the accused arrested and brought before the Court of Appeal or the trial court, as the case requires, as soon as practicable.