new trial

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A second trial of a case ordered by an appellate court. In civil proceedings the Court of Appeal has the power to order a new trial or hearing under Part 52 of the Civil Procedure Rules. In criminal proceedings, the Court of Appeal may order a retrial where there has been a fundamental irregularity in procedure so serious as to render the original trial a mistrial (see venire de novo). Under the Criminal Justice Act 2003, the Court of Appeal also has the power to quash a conviction and order the retrial of a person acquitted of a serious offence where there is new and compelling evidence against the acquitted person and it is in the interests of justice for a retrial to be ordered. See also rehearing.

Subjects: Law.

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