Clause 54

At the hearing of an appeal the Court of Criminal Appeal shall hear the appellant or his advocate and solicitor, if he appears, and, if it thinks fit, the respondent or his advocate and solicitor, if he appears, and may hear the appellant or his advocate and solicitor in reply, and the Court of Criminal Appeal may thereupon confirm, reverse or vary the decision of the trial Court, or may order a retrial or may remit the matter with the opinion of the Court of Criminal Appeal thereon to the trial Court, or may make such other order in the matter as it may seem just, and may by such order exercise any power which the trial Court might have exercised:Provided that the Court of Criminal Appeal may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has occurred.

At the hearing of an appeal the Court of Criminal Appeal may, if it thinks that a different sentence should have been passed, quash the sentence passed by the trial Court and pass such other sentence warranted in law (whether more or less severe) in substitution therefor as it thinks ought to have been passed.

The Court of Criminal Appeal shall in no case make any order under this section as to payment of costs of any appeal to or by the appellant or respondent.

For the purposes of this section “advocate and solicitor” includes the Public Prosecutor.