(1) If on hearing an application under section 8, the Court is satisfied -

(a) that there is new and compelling evidence against a person referred to in section 8(1), and

(b) that, having had regard to the matters referred to in subsection (3), it is, in all the circumstances, in the interests of justice to do so,

the Court shall make a re-trial order quashing the person's acquittal and directing that the person be re-tried for the relevant offence, subject to such conditions and directions (including conditions and directions as to placing a stay on the re-trial) as the Court considers necessary or expedient to ensure the fairness of the re-trial ordered under this subsection.

(2) If on hearing an application under section 9, the Court is satisfied -

(a) there is compelling evidence against a person referred to in section 9(1)(a), and

(b) that, having had regard to the matters referred to in subsection (3), it is, in all the circumstances, in the interests of justice to do so,