Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 671AF

671AF Directions, orders etc. on allowed subsequent appeal

(1) If the Court allows a subsequent appeal under section 671AE , the Court must quash the appellant’s conviction and direct a judgment and verdict of acquittal to be entered.

(2) However, if the Court considers, for a subsequent appeal allowed under section 671AE (1) , that there is a miscarriage of justice that can be more adequately remedied by an order for a new trial than by any other order, the Court may order a new trial in the way the Court considers appropriate.

(3) If the Court makes an order for a new trial and the appellant is not granted bail, the order is taken to be a warrant for the appellant’s detention under the Corrective Services Act 2006 , section 9 (1) (a) .