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 . |