259. The judge shall grant the application for revocation of judgment if he is satisfied that the grounds invoked for setting it aside justify a new trial.
Where the application is granted, the parties are placed in the position they were in before the trial and the judge may thereupon recommence the trial or adjourn the new trial to a later date.
In the case referred to in the second paragraph of article 257, the judge shall grant the application for revocation if he is satisfied that
(1) the judgment execution rules adaptation program in which the defendant participated corresponds to the defendant’s needs;
(2) the defendant fully or partially completed the program in compliance with the conditions determined in the program; and
(3) the revocation is in the interests of justice.
The prosecutor shall provide the judge with confirmation that the conditions set out in subparagraphs 1 to 3 of the third paragraph have been met.
1987, c. 96, a. 259; 2020, c. 12, s. 441.