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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

9. Application by Director for re-trial order where previous acquittal tainted.

(1) This section applies where -

(a) a person -

(i) is, on or after the commencement of this section, sent forward for trial in respect of an offence (irrespective of whether or not the offence is a relevant offence) and is, or

(ii) has, before the commencement of this section, been sent forward for trial but has not yet been tried in respect of an offence (irrespective of whether or not the offence is 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), and

(b) the person, or another person, has been convicted of an offence against the administration of justice relating to the proceedings which resulted in the acquittal referred to in paragraph (a).

(2) For the purposes of this section, a person who has been acquitted of an offence in proceedings referred to in subsection (1)(a), shall be deemed to also have been acquitted of any 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.