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Text as at 1 July 2026
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Act index » Chapter 6 - Appeals and cases stated » Part 6.3 - Appeal and case stated from County Court or Trial Division of Supreme Court to Court of Appeal » Division 2 - Appeal by offender against sentence

286 Orders etc. on successful appeal

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Explained inBill clause 286EM on clause 286
(1)If the Court of Appeal allows an appeal under section 283, it must set aside the sentence imposed by the Court and either—
S. 286(1) amended by No. 3/2016 s. 80(a).
(a)impose the sentence, whether more or less severe, that it considers appropriate; or
S. 286(2)(a) amended by No. 3/2016 s. 80(d).
(b)remit the matter to the County Court or the Trial Division of the Supreme Court, as the case requires.
S. 286(1)(b) amended by No. 3/2016 s. 80(b).S. 286(2)(b) amended by No. 3/2016 s. 80(e).
(2)If the Court of Appeal remits a matter under subsection (1)(b)—
S. 286(2) amended by No. 3/2016 s. 80(c).
(a)it may give directions concerning the manner and scope of the further hearing by the court, including a direction as to whether the hearing is to be conducted by the same judge or a different judge; and
(b)the court, whether constituted by the same judge or a different judge, must hear and determine the matter in accordance with the directions, if any.