On an appeal under section 62, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates.
In addition, the Court of Appeal must, in respect of the offence or each offence which is the subject of the appeal, do any of the following—
But no order may be made under subsection (2)(c) in respect of an offence unless the prosecution has indicated that it does not intend to continue with the prosecution of that offence.