sec.22Abortive proceedings and new trials after proceedings discontinued

sec.22 Abortive proceedings and new trials after proceedings discontinued

This section does not apply to a guideline proceeding. Where after the commencement of this Act— any civil or criminal proceedings are rendered abortive by the death or illness of the judge, master, magistrate or justice before whom the proceedings were had or in the case of proceedings had before the Industrial Court on appeal, of any member of that court or by disagreement on the part of the jury where the proceedings are with a jury; or an appeal on a question of law, or on the ground there was a miscarriage of justice, against the conviction of a person (the appellant ) convicted on indictment succeeds, and a new trial is ordered; or a subsequent appeal against the conviction of a person (also the appellant ) convicted on indictment succeeds, and a new trial is ordered; or the hearing of any civil or criminal proceeding is discontinued and a new trial ordered by the presiding judge, magistrate or justice for a reason not attributable in any way to the act, neglect or default, in the case of civil proceedings, of any of the parties thereto or their legal representatives, or, in the case of criminal proceedings, of the accused or the accused’s legal representatives, and the relevant judge, relevant magistrate or relevant justice grants a certificate (which certificate the relevant judge, relevant magistrate or relevant justice is hereby authorised to grant)— in the case of civil proceedings—to any party thereto stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of any of the parties to the proceedings or their legal representatives; or in the case of criminal proceedings—to the accused stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of the accused or the accused’s legal representatives; any party to the civil proceedings or the accused in the criminal proceedings or the appellant, as the case may be, who pays or is ordered to pay additional costs or on whose behalf additional costs are paid or ordered to be paid by reason of the new trial shall be entitled to be paid from the fund the costs the board considers have been thrown away or partly thrown away by the person or on the person’s behalf in the proceedings. For subsection (2) , costs thrown away in relation to proceedings include costs that are reasonably incurred before, but are wasted when— the proceedings are rendered abortive; or the conviction is quashed; or the hearing of the proceedings is discontinued. No amount shall be paid from the fund under this section to the Crown. For the purposes of this section, where in criminal proceedings a presiding judge, magistrate or justice directs that the proceedings being heard be discontinued with a view to other criminal proceedings based on the facts alleged against the accused being instituted, it shall be deemed that a new trial is ordered. In this section— relevant judge , in relation to a civil or criminal proceeding, means— the presiding judge of the court in which the proceeding was heard; or another judge of the court, if— it is not reasonably practicable for the presiding judge to grant a certificate under subsection (2) (d) because of illness; or the presiding judge has stopped being a judge of the court or has died. relevant justice means— the presiding justice; or another justice, if— it is not reasonably practicable for the presiding justice to grant a certificate under subsection (2) (d) because of illness; or the presiding justice has stopped being a justice or has died. relevant magistrate means— the presiding magistrate; or another magistrate, if— it is not reasonably practicable for the presiding magistrate to grant a certificate under subsection (2) (d) because of illness; or the presiding magistrate has stopped being a magistrate or has died. subsequent appeal see the Criminal Code , section 668 (1) . s 22 amd 1991 No. 97 s 3 sch 1 ; 1995 No. 58 s 4 sch 1 ; 2011 No. 7 s 18 ; 2017 No. 17 s 13 ; 2020 No. 15 s 16 ; 2024 No. 6 s 4 (sec.22-ssec.1) This section does not apply to a guideline proceeding. (sec.22-ssec.2) Where after the commencement of this Act— any civil or criminal proceedings are rendered abortive by the death or illness of the judge, master, magistrate or justice before whom the proceedings were had or in the case of proceedings had before the Industrial Court on appeal, of any member of that court or by disagreement on the part of the jury where the proceedings are with a jury; or an appeal on a question of law, or on the ground there was a miscarriage of justice, against the conviction of a person (the appellant ) convicted on indictment succeeds, and a new trial is ordered; or a subsequent appeal against the conviction of a person (also the appellant ) convicted on indictment succeeds, and a new trial is ordered; or the hearing of any civil or criminal proceeding is discontinued and a new trial ordered by the presiding judge, magistrate or justice for a reason not attributable in any way to the act, neglect or default, in the case of civil proceedings, of any of the parties thereto or their legal representatives, or, in the case of criminal proceedings, of the accused or the accused’s legal representatives, and the relevant judge, relevant magistrate or relevant justice grants a certificate (which certificate the relevant judge, relevant magistrate or relevant justice is hereby authorised to grant)— in the case of civil proceedings—to any party thereto stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of any of the parties to the proceedings or their legal representatives; or in the case of criminal proceedings—to the accused stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of the accused or the accused’s legal representatives; any party to the civil proceedings or the accused in the criminal proceedings or the appellant, as the case may be, who pays or is ordered to pay additional costs or on whose behalf additional costs are paid or ordered to be paid by reason of the new trial shall be entitled to be paid from the fund the costs the board considers have been thrown away or partly thrown away by the person or on the person’s behalf in the proceedings. (sec.22-ssec.3) For subsection (2) , costs thrown away in relation to proceedings include costs that are reasonably incurred before, but are wasted when— the proceedings are rendered abortive; or the conviction is quashed; or the hearing of the proceedings is discontinued. (sec.22-ssec.4) No amount shall be paid from the fund under this section to the Crown. (sec.22-ssec.5) For the purposes of this section, where in criminal proceedings a presiding judge, magistrate or justice directs that the proceedings being heard be discontinued with a view to other criminal proceedings based on the facts alleged against the accused being instituted, it shall be deemed that a new trial is ordered. (sec.22-ssec.6) In this section— relevant judge , in relation to a civil or criminal proceeding, means— the presiding judge of the court in which the proceeding was heard; or another judge of the court, if— it is not reasonably practicable for the presiding judge to grant a certificate under subsection (2) (d) because of illness; or the presiding judge has stopped being a judge of the court or has died. relevant justice means— the presiding justice; or another justice, if— it is not reasonably practicable for the presiding justice to grant a certificate under subsection (2) (d) because of illness; or the presiding justice has stopped being a justice or has died. relevant magistrate means— the presiding magistrate; or another magistrate, if— it is not reasonably practicable for the presiding magistrate to grant a certificate under subsection (2) (d) because of illness; or the presiding magistrate has stopped being a magistrate or has died. subsequent appeal see the Criminal Code , section 668 (1) .