Part 10Retrial for serious offences

Application for retrial

I177Determination by Court of Appeal

1

On an application under section 76(1), the Court of Appeal—

a

if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;

b

otherwise, must dismiss the application.

2

Subsections (3) and (4) apply to an application under section 76(2).

3

Where the Court of Appeal determines that the acquittal is a bar to the person being tried for the qualifying offence, the court—

a

if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;

b

otherwise, must make a declaration to the effect that the acquittal is a bar to the person being tried for the offence.

4

Where the Court of Appeal determines that the acquittal is not a bar to the person being tried for the qualifying offence, it must make a declaration to that effect.