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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 September 2010 - onwards
Version 2 of 2

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

(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.