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Retrials

  • 04-12-2006 3:12pm
    #1
    shane_by
    Closed Accounts Posts: 56 ✭✭


    This is a question relating to a hypothetical scenario and is not a request for legal advice.
    In the event of a criminal conviction having been quashed and sent back to the original court for retrial, is it usual for the retrial to be presided over by the original trial judge?

    Like I say, it's not a request for legal advice. Just curious.


Comments

  • #2
    padser
    Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭padser


    I dont know but I would have thought not. Although assuming it was a jury case it might not matter too much. I would have thought definitely not though.


  • #3
    Gobán Saor
    Closed Accounts Posts: 415 ✭✭Gobán Saor


    Yes, perfectly normal. Happens all the time.
    Happening today in the Central Criminal Court.


  • #4
    shane_by
    Closed Accounts Posts: 56 ✭✭shane_by


    [HTML]Happening today in the Central Criminal Court.[/HTML]

    No kidding? ;)


  • #5
    Gobán Saor
    Closed Accounts Posts: 415 ✭✭Gobán Saor


    Gob&#225 wrote: »
    Happening today in the Central Criminal Court.

    Ahem:o Well it ALMOST happened in the Nally case. Mr. Justice Carney, who was the original trial judge, presided over the empanellment of the jury for the re-trial. I assumed (wrongly) from that he was also going to be the trial judge at the re-trial. Mea culpa. Apologies for providing duff info.:o


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