s 9
(1) Except as provided by this Act, the Court of Criminal Appeal shall allow an appeal against conviction where they are of opinion— (a) that the verdict of the jury should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory ; or (b) that the judgment of the court of trial should be set aside on the ground of a wrong decision of any question of law ; or (c) that there was a material irregularity in the course of the trial, and in any other case shall dismiss the appeal : Provided that the Court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no miscarriage of justice has actually occurred. (2) Except as provided by this Act, if the Court of Criminal Appeal allow an appeal against conviction, they shall quash the conviction. a (3) An order of the Court quashing a conviction shall, except when under section 13 of this Act the appellant is ordered to be retried, operate as a direction to the clerk of the Crown and peace acting for the court of trial to enter, instead of the record of Parr II conviction, a judgment and verdict of acquittal.