Principle

APPELLATE PRACTICE ā€” Remittal of Case ā€” When Retrial Not Appropriate ā€” Lapse of Time and Disappearance of Witnesses

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Lapse of time and disappearance of witnesses may make a retrial oppressive. The court considers multiple factors. The principle applies to criminal appeals. The court will not order a futile retrial. The accused's right to a fair trial includes the ability to defend. The prosecution'sā€¦

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in