LAW

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KembaraXtra - Legal Terms - Retrial
A retrial is the hearing of a criminal or civil case again after an earlier trial has not produced a final or satisfactory outcome. It is also referred to as a new trial. A retrial may occur because of procedural errors, newly discovered evidence, or the successful appeal of a conviction or judgment. The purpose is to ensure that justice is properly administered. It provides an opportunity for the issues to be reconsidered by a court.
In criminal cases, a retrial may be ordered where an appellate court finds that the original proceedings were unfair or legally defective. The conviction may be quashed, but the prosecution may be permitted to present the case again. The decision depends on the interests of justice. Factors such as the seriousness of the offence and the strength of the evidence are considered. The court aims to balance fairness to the accused with the pu

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