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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 31 : Appeals in cases of Criminal Proceedings in Superior Courts

324. Institution of proceedings de novo when conviction set aside on appeal


Whenever a conviction and sentence are set aside by the court of appeal on the ground—

(a) that the court which convicted the accused was not competent to do so; or
(b) that the indictment on which the accused was convicted was invalid or defective in any respect; or
(c) that there has been any other technical irregularity or defect in the procedure,

proceedings in respect of the same offence to which the conviction and sentence referred may again be instituted either on the original charge, suitably amended where necessary, or upon any other charge as if the accused had not previously been arraigned, tried and convicted: Provided that no judge or assessor before whom the original trial took place shall take part in such proceedings.