402ASecond or subsequent appeal by convicted person on fresh and compelling evidence

402A Second or subsequent appeal by convicted person on fresh and compelling evidence

[Section 402A Amended by No. 41 of 2015, s. 4, Applied:02 Nov 2015]

(1)  In this section –

convicted person means a person who, before a court of trial, has been –

(a) convicted of a serious crime; or

(b) acquitted of a serious crime on the ground of insanity –

whether that conviction or acquittal occurred before or after the commencement of this section;

fresh and compelling evidence has the meaning given by subsection (10) ;

serious crime means a crime punishable upon indictment listed in Appendix D .

(2)  The Court may hear a second or subsequent appeal by a convicted person if the person has been granted leave to appeal under this section.

(3)  A convicted person may apply to a single judge for leave to lodge a second or subsequent appeal against the conviction on the ground that there is fresh and compelling evidence.

(4)  At any time after receiving an application for leave to appeal under this section, the single judge may refer the matter to the Court for determination.

(5)  On hearing the application of a convicted person for leave to appeal, the single judge or Court –

(a) must grant leave to appeal if satisfied that –

(i) the convicted person has a reasonable case to present to the Court in support of the ground of the appeal; and

(ii) it is in the interests of justice for the leave to be granted; or

(b) must refuse to grant leave to appeal if not so satisfied.

(6)  The Court may uphold the second or subsequent appeal of a convicted person if satisfied that –