Part 10

Retrial for serious offences

Application for retrial

Determination by Court of Appeal
77
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.
S. 77 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)