Other subsequent prosecutions

Nullity of proceedings on previous indictment or complaint
12
1
This section applies where—
a
a person has, whether on indictment or complaint, been charged with, and acquitted or convicted of, an offence, and
b
the condition mentioned in subsection (3) is satisfied.
2
The person may be charged with, and prosecuted anew for, the offence.
3
The condition referred to in subsection (1)(b) is that, on the application of the prosecutor and after hearing parties, the High Court is satisfied that—
a
the proceedings on the indictment or complaint were a nullity, and
b
it is in the interests of justice to proceed as mentioned in subsection (2).
S. 12 in force at 28.11.2011 by S.S.I. 2011/365, art. 3