F1PART 77PROVISIONS IN SUPPORT OF CRIMINAL JUSTICE

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Amendments (Textual)

F2SECTION 2 APPLICATION TO QUASH AN ACQUITTAL

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Amendments (Textual)

Scope and interpretation77.6

1

This Section contains rules about applications to quash an acquittal under section 54(3) of the Criminal Procedure and Investigations Act 1996 and applies in relation to acquittals in respect of offences alleged to have been committed on or after 15th April 1997.

2

An application made under this Section may be made only by the individual or body which acted as prosecutor in the proceedings which led to the acquittal.

3

In this Section—

a

“the 1996 Act” means the Criminal Procedure and Investigations Act 1996;

b

“acquitted person” means a person whose acquittal of an offence is the subject of a certification under section 54(2) of the 1996 Act, and “acquittal” means the acquittal of that person of that offence;

c

“magistrates’ court” has the same meaning as in section 148 of the Magistrates’ Courts Act 1980; and

d

“record of court proceedings” means—

i

where the proceedings took place in the Crown Court, a transcript of the evidence; or

ii

where the proceedings took place in a magistrates’ court, a transcript of the evidence if there is one and if not a note of the evidence made by the justices’ F3legal adviser,

in the proceedings which led to the conviction for the administration of justice offence referred to in section 54(1)(b) of the 1996 Act or, as the case may be, the proceedings which led to the acquittal.