Criminal Procedure Act 2010

Chapter 2

Application for re-trial orders under Part 3

Application by Director seeking re-trial order where new and compelling evidence becomes available.

8.— (1) Subject to subsection (7), this section applies where a person—

(a) is, on or after the commencement of this section, sent forward for trial in respect of a relevant offence and is, or

(b) has, before the commencement of this section, been sent forward for trial but has not yet been tried in respect of a relevant offence and is, on or after such commencement,

tried on indictment in respect of the offence, and acquitted of that offence (whether at the trial, on appeal against conviction or on appeal from such a decision on appeal).

(2) For the purposes of this section, a person who has been acquitted of a relevant offence in proceedings referred to in subsection (1) shall be deemed to also have been acquitted of any relevant offence in respect of which he or she could have been convicted in the proceedings concerned by virtue of the first-mentioned offence charged in the indictment, other than an offence for which he or she has been convicted.

(3) The Director may apply to the Court for a re-trial order where it appears to him or her—

(a) that there is new and compelling evidence against a person referred to in subsection (1) in relation to the relevant offence concerned, and

(b) that it is in the public interest to do so.

(4) Only one application for a re-trial order may be made by the Director in respect of a person in relation to a relevant offence that was the subject of the application and no further application may be made irrespective of whether the person concerned is subsequently acquitted of the offence concerned in a re-trial ordered pursuant to an application under this section.

(5) An application for a re-trial order under subsection (3) shall be on notice to the person concerned.

(6) If a person fails to appear before the Court in respect of the hearing of the application, the Court, if it is satisfied that it is, in all the circumstances, in the interests of justice to do so, may proceed to hear and determine the application in the absence of the person.

(7) This section shall not apply to a relevant offence in respect of which a person was the subject of a special verdict under section 5 of the Criminal Law (Insanity) Act 2006 .