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SOLR_PROP

Criminal Procedure Act 2010

PART 3

Exceptions to rule against double jeopardy

Chapter 1

Interpretation

Interpretation (Part 3).

7.— In this Part, unless the context otherwise requires—

“Act of 1984” means the Criminal Justice Act 1984 ;

“acquittal” includes a verdict of not guilty returned by a jury and a verdict of not guilty returned by a jury by direction of a court;

“application for a re-trial order” means an application under section 8 or 9 ;

“compelling evidence”, in relation to a person, means evidence which—

(a) is reliable,

(b) is of significant probative value, and

(c) is such that a jury might reasonably be satisfied beyond a reasonable doubt of the person’s guilt in respect of the offence concerned;

“Court” means the Court of Criminal Appeal;

“legal aid (re-trial order) certificate” has the meaning it has in the Act of 1962;

“ new and compelling evidence”, in relation to a person, means evidence—

(a) which was not adduced by the prosecution in the proceedings in respect of which the person was acquitted (nor in any appeal proceedings to which the original proceedings related), and

(b) which could not, with the exercise of due diligence, have been adduced during those proceedings, and

(c) is evidence which—

(i) is reliable,

(ii) is of significant probative value, and

(iii) is such that when taken together with all the other evidence adduced in the proceedings concerned, a jury might reasonably be satisfied beyond a reasonable doubt of the person’s guilt in respect of the offence concerned;

“offence against the administration of justice” means—

(a) an offence under section 1 of the Prevention of Corruption Act 1906 in so far as the offence concerned relates to criminal proceedings,

(b) an offence under section 41 of the Criminal Justice Act 1999 ,

(c) attempting to pervert the course of justice,

(d) perjury, or

(e) conspiring or inciting another person to commit any of the offences referred to in paragraphs (a) to (d);

“place” includes—

(a) a dwelling or other building,

(b) a vehicle, whether mechanically propelled or not,

(c) a vessel, whether sea-going or not,

(d) an aircraft, whether capable of operation or not,

(e) a hovercraft;

“relevant offence” means an offence specified in the Schedule;

“re-trial order” means an order of the Court under subsection (1) or (2) of section 10 .