Part 10

Retrial for serious offences

Investigations

Authorisation of investigations
85
1
This section applies to the investigation of the commission of a qualifying offence by a person—
a
acquitted in proceedings within section 75(1) of the qualifying offence, or
b
acquitted elsewhere than in the United Kingdom of an offence the commission of which as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of the qualifying offence.
2
Subject to section 86, an officer may not do anything within subsection (3) for the purposes of such an investigation unless the Director of Public Prosecutions—
a
has certified that in his opinion the acquittal would not be a bar to the trial of the acquitted person in England and Wales for the qualifying offence, or
b
has given his written consent to the investigation (whether before or after the start of the investigation).
3
The officer may not, either with or without the consent of the acquitted person—
a
arrest or question him,
b
search him or premises owned or occupied by him,
c
search a vehicle owned by him or anything in or on such a vehicle,
d
seize anything in his possession, or
e
take his fingerprints or take a sample from him.
4
The Director of Public Prosecutions may only give his consent on a written application, and such an application may be made only by an officer who—
a
if he is an officer of the metropolitan police force or the City of London police force, is of the rank of commander or above, or
b
in any other case, is of the rank of assistant chief constable or above.
5
An officer may make an application under subsection (4) only if—
a
he is satisfied that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or
b
he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.
6
The Director of Public Prosecutions may not give his consent unless satisfied that—
a
there is, or there is likely as a result of the investigation to be, sufficient new evidence to warrant the conduct of the investigation, and
b
it is in the public interest for the investigation to proceed.
7
In giving his consent, the Director of Public Prosecutions may recommend that the investigation be conducted otherwise than by officers of a specified police force or specified team of customs and excise officers.
S. 85 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)