Other subsequent prosecutions
12Nullity of proceedings on previous indictment or complaint
(1)
This section applies where—
(a)
a person has, whether on indictment or complaint, been charged with, and acquitted or convicted of, an offence, and
(b)
the condition mentioned in subsection (3) is satisfied.
(2)
The person may be charged with, and prosecuted anew for, the offence.
(3)
The condition referred to in subsection (1)(b) is that, on the application of the prosecutor and after hearing parties, the High Court is satisfied that—
(a)
the proceedings on the indictment or complaint were a nullity, and
(b)
it is in the interests of justice to proceed as mentioned in subsection (2).