Prosecutors Decision On Retrial

Summary

When an appellate court orders a new trial, prosecutors often reassess the case to determine if they will proceed. Factors influencing their decision include the strength of evidence, witness availability, and likelihood of conviction. An appeal to leave typically refers to a request to a higher court for permission to appeal a decision. In Canada, if youre not automatically entitled to appeal, youll need to seek leave to appeal. This means asking the court for permission to appeal the lower courts decision. The higher court will review the request and decide if the appeal has merit.