Section 238-240 Administration of Criminal Justice Act 2015 NG

Section 238-240 of the Administration of Criminal Justice Act 2015

Section 238 to 240 of the Administration of Criminal Justice Act 2015 is under PART 24 (PREVIOUS ACQUITTALS OR CONVICTION) of the Act.

Section 238 Administration of Criminal Justice Act 2015

Defendant convicted or acquitted not to be tried again for same or kindred offence

(1) Without prejudice to section 226 of this Act, a defendant charged with an offence is not liable to be tried for that offence where it is shown that he has previously been:
(a) convicted or acquitted of the same offence by a competent court;

SEE ALSO  Section 477-484 Administration of Criminal Justice Act 2015 NG

(b) convicted or acquitted by a competent court on a charge on which he might have been convicted of the offence charged; or

(c) convicted for or acquitted of an offence by a competent court other than the offence charged, being an offence for which, apart from this section, he might be convicted by virtue of being charged with the offence charged.

(2) Nothing in subsection (1) of this section shall prejudice the operation of a law giving power to a court, on an appeal, to set aside a verdict or finding of another court and order a re-trial.

Section 239 Administration of Criminal Justice Act 2015

A defendant may be tried again on separate charge in certain cases

A defendant acquitted or convicted of an offence may afterwards be tried for a distinct offence for which a separate charge might have been made against him on the previous trial under the provisions of section 211 of this Act.

Section 240 Administration of Criminal Justice Act 2015

Consequences supervening or not known at previous trial

A defendant acquitted or convicted of an offence constituted by an act or omission causing consequences which together with that act or omission constitute a different offence from that for which he was acquitted or convicted, may afterwards be tried for the last-mentioned offence if the consequences had not happened or were not known to the court to have happened at the time when he was acquitted or convicted when the consequences create the offence of murder or manslaughter.

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Inioluwa Olaposi

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