Criminal Appeal Act 1968

Section 8.

SCHEDULE 2 Procedural and Other Provisions Applicable on Order for Retrial

Depositions

1 On a retrial, section 13(3) of the [1925 c. 86.] Criminal Justice Act 1925 (reading of depositions) shall not apply to the depositions of any person who gave evidence at the original trial or to any written statement by such a person tendered under section 2 of the [1967 c. 80.] Criminal Justice Act 1967 in the committal proceedings before the original trial; but a transcript of the record of the evidence given by any witness at the original trial may, with the leave of the judge, be read as evidence—

(a) by agreement between the prosecution and the defence ; or

(b) if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or to secure his attendance have been made without success,

and in either case may be so read without further proof, if verified in accordance with rules of court.

Sentence on conviction at retrial

2 (1) Where a person ordered to be retried is again convicted on retrial, the court before which he is convicted may pass in respect of the offence any sentence authorised by law, not being a sentence of greater severity than that passed on the original conviction.

(2) Without prejudice to its power to impose any other sentence, the court before which an offender is convicted on retrial may pass in respect of the offence any sentence passed in respect of that offence on the original conviction notwithstanding that, on the date of the conviction on retrial, the offender has ceased to be of an age at which such a sentence could otherwise be passed.

(3) Where the person convicted on retrial is sentenced to imprisonment or other detention, the sentence shall begin to run from the time when a like sentence passed at the original trial would have begun to run ; but in computing the term of his sentence or the period for which he may be detained thereunder, as the case may be, there shall be disregarded—

(a) any time before his conviction on retrial which would have been disregarded in computing that term or period if the sentence had been passed at the original trial and the original conviction had not been quashed ; and

(b) any time during which he was at large after being admitted to bail under section 8(2) of this Act.

(4) Section 17(2) of the [1962 c. 15.] Criminal Justice Administration Act 1962 (deduction from certain sentences of time spent in custody before sentence) shall apply to any sentence imposed on conviction on retrial as if it had been imposed on the original conviction.

Costs where retrial results in acquittal

3 If the person ordered to be retried is acquitted on retrial, the costs of the defence which may be ordered to be paid out of local funds under section 1 of the [1952 c. 48.] Costs in Criminal Cases Act 1952 shall include—

(a) any costs which could have been ordered to be so paid under that section by the court by which he was originally tried if he had been acquitted at the original trial; and

(b) if no order was made under section 24 or 39(2) of this Act in respect of his expenses on appeal, any sums for the payment of which such an order could have been made.