Sentence where appcal allowed on part of an indictment. 196$. < 19. 1. 441, 420.
Disposal of appeal against conviction on special verdict 1968, G. 19. L. 5.
Substitu- tion of finding of insanity or unfimess to plead. 1968, 4. 19, 1.6.
F
Schedule.
FLTUM Schedule.
(Cap. 136)
10
83A. (1) This section applies where on ап appeal against conviction on an indictment containing two or more counts, the Full Court allows the appeal in respect of part of the indictment.
(2) The Full Court may in respect of any count on which the appellant remains convicted pass such sentence, in substitution for any sentence passed there- on at the trial, as it thinks proper and is authorized by law for the offence of which he remains convicted on that count.
*3C. (1) This section applies on an appeal against conviction by a person in whose case the jury has found a special verdict.
(2) If the Full Court considers that a wrong conclusion has been arrived at by the court of trial on the effect of the jury's verdict it may, instead of allow- ing the appeal, order such conclusion to be recorded as appears to it to be in law required by the verdict. and pass such sentence in substitution for the sentence passed at the trial as may be authorized by law.
83D. (1) Where, on an appeal against convic- tion, the Full Court is of opinion-
(a) that the proper verdict would have been one
of not guilty by reason of insanity: or (b) that the case is not one where there should have been a verdict of acquittal, but that there should have been a finding that the accused person was under disability.
the Full Court shall make an order that the appellant be admitted to such mental hospital as may be spe- cified by the Governor.
(2) The Fifth Schedule shall apply with respect to the consequences and effect of an order made by the Full Court under this section.
(3) On making an order under this section in the case of any person, the Full Court may give such directions as it thinks fit for his conveyance to a place of safety and his detention there pending his admission to the mental hospital within the relevant period specified by the Fifth Schedule.
(4) In section 52 of the Mental Health Ordinance (which relates to the removal to a mental hospital of
Power to order retrial. 1968, c. 19.
P. 1.
Supplemen tary provisions as 10 retrial. 1969, c. 19. 4. 3.
11
persons serving sentences of imprisonment and is applied by subsection (5) of the section to other forms of detention) references to a person serving a sentence of imprisonment shall be construed as not including references to a person subject to an order of the Full Court under this section,
Retrial
83E. (1) Where the Full Court allows an appeal against conviction and it appears to the Full Court that the interests of justice so require, it may order the appellant to be retried.
(2) A person shall not under this section be ordered to be retried for any offence other than
(a) the offence of which he was convicted at the original trial and in respect of which his appeal is allowed as mentioned in subsection (1):
(8)
an offence of which he could have been con- victed at the original trial on an indictmen for the first-mentioned offence; or
(c) an offence charged in an alternative count of the indictment in respect of which the jury were discharged from giving a verdict in consequence of convicting him of the first- mentioned offence.
83F. (1) A person who is to be retried for an offence in pursuance of an order under section 83E shall be tried on a fresh indictment preferred by direc- tion of the Full Court, and shall be tried before such court as the Full Court may direct (being the Supreme Court or, if the offence is within the jurisdiction of the District Court, the District Court) or, if no such direction is given, before the court by which he was originally tried.
(2) The Full Court may, on ordering a retrial, make such orders as appear to it to be necessary or expedient-
(a) for the custody or admission to bail of the person ordered to be retried pending his retrial; or
(b) for the retention pending retrial of any prop- erty or money forfeited, restored or paid by