PART 41RETRIAL FOLLOWING ACQUITTAL FOR SERIOUS OFFENCE

Powers exercisable by the Registrar41.11

1

The Registrar may require the Crown Court at the place of original trial to provide the Court of Appeal with any assistance or information which it may require for the purposes of exercising its jurisdiction under Part 10 of the Criminal Justice Act 2003370 or this Part.

2

The following powers may be exercised by the Registrar in the same manner as the Court of Appeal and subject to the same provisions―

a

order the production of any document, exhibit or thing under section 80(6)(a) of the 2003 Act;

b

order any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the Court of Appeal under section 80(6)(b) of the 2003 Act; and

c

extend the time for service under rule 41.3(2).

3

Where the Registrar exercises one of the powers set out in paragraph (2) the Registrar must serve notice of that decision on all parties to the section 76 application.

4

Where the Registrar has refused an application to exercise any of the powers referred to in paragraph (2), the party making the application may have it determined by a single judge by serving a renewal in the form set out in the Practice Direction within 14 days of the day on which notice of the Registrar’s decision is served on the party making the application, unless that period is extended by the Court of Appeal.