43A—Second or subsequent appeals
(1) A Court to which a
particular appeal against conviction lies under section 42 (the
"appeal court") may hear a second or subsequent appeal against conviction if
the Court is satisfied that there is fresh and compelling evidence that
should, in the interests of justice, be considered on an appeal.
(2) A convicted person
may only appeal under this section with the permission of the appeal court.
(3) The appeal court
may allow an appeal under this section if it thinks that there was a
substantial miscarriage of justice.
(4) If an appeal
against conviction is allowed under this section, the court may quash the
conviction and either direct a judgment and verdict of acquittal to be entered
or direct a new trial by the Magistrates Court.
(5) If the
appeal court orders a new trial under subsection (4), the court—
(a) may
make such other orders as the court thinks fit for the safe custody of the
person who is to be retried or for admitting the person to bail; but
(b) may
not make any order directing the Magistrates Court to convict or sentence the
person.
(6) For the purposes
of subsection (1), evidence relating to an offence is—
(a)
"fresh" if—
(i)
it was not adduced at the trial of the offence; and
(ii)
it could not, even with the exercise of reasonable
diligence, have been adduced at the trial; and
(b)
"compelling" if—
(i)
it is reliable; and
(ii)
it is substantial; and
(iii)
it is highly probative in the context of the issues in
dispute at the trial of the offence.
(7) Evidence is not
precluded from being admissible on an appeal referred to in
subsection (1) just because it would not have been admissible in the
earlier trial of the offence resulting in the relevant conviction.