404Power to order new trial

404 Power to order new trial

(1)  On any appeal the Court may, either of its own motion or on the application of the appellant, order a venire de novo or new trial at such time and place as it thinks fit, if the Court considers that a miscarriage of justice has occurred, and that, having regard to all the circumstances, such miscarriage of justice can be more adequately remedied by an order for a venire de novo or new trial than by any other order which the Court is empowered to make.

(2)  Where a venire de novo or new trial is directed, the Court may make such order as to it seems fit for the safe custody of the appellant or for admitting him to bail.