Lundy v HM Advocate

Criminal procedure – Retrial – Authority to bring new prosecution. High Court of Justiciary: Granting a motion by the Crown, in the case of an appellant whose conviction for murder had been quashed on appeal on the basis of fault on the Crown's part and error by the trial judge, seeking authority to bring a new prosecution, the court, having noted that 'fault' on the Crown's part was simply one of the many factors which must be considered, concluded that the case was on one in which it was in the interests of justice that it should exercise its discretion in favour of the Crown motion.

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