Once the sentence has been served, or the person is no longer subject to its execution, can a retrial application still be made, and from what event would any period run?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the certified copy of the judgment, the papers recording whether and when sentence execution ended or never took effect, and the retrial application with its filing stamp, since each bears on the event the provision turns on.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as adding a time rather than taking the earlier ones away: a retrial application under the Criminal Procedure Act 'may also be made' once sentence execution has ended or the person has not had to undergo it, and the word 'may' leaves the choice of that moment with the applicant.
Another reading notes what the provision leaves out: the word 'also' points to other times for a retrial application that this provision does not name, it sets no period running from either event, and it does not state what counts as not having to undergo execution.
Your judgment
If a file shows execution ended, which document fixes that date, and does an earlier retrial application on the same grounds still leave this route open?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to set a period running from these events, or if a court decision defines when sentence execution counts as ended or as never having to be carried out.