Part 10

Retrial for serious offences

Part 10: supplementary

Interpretation of Part 10
95
1
In this Part—
- “the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60),
- “acquittal” and related expressions are to be read in accordance with section 75(7),
- “customs and excise officer” means an officer as defined by section 1(1) of the Customs and Excise Management Act 1979 (c. 2), or a person to whom section 8(2) of that Act applies,
- “new evidence” is to be read in accordance with section 78(2),
- “officer”, except in section 83, means an officer of a police force or a customs and excise officer,
- “police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985 (c. 23),
- “prosecutor” means an individual or body charged with duties to conduct criminal prosecutions,
- “qualifying offence” has the meaning given by section 75(8).
2
Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—
a
the jurisdiction of the Court of Appeal under this Part is to be exercised by the criminal division of that court, and
b
references in this Part to the Court of Appeal are to be construed as references to that division.
3
References in this Part to an officer of a specified rank or above are, in the case of a customs and excise officer, references to an officer of such description as—
a
appears to the Commissioners of Customs and Excise to comprise officers of equivalent rank or above, and
b
is specified by the Commissioners for the purposes of the provision concerned.
S. 95 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)