Part 10Retrial for serious offences
Retrial
I184Retrial
1
Where a person—
a
is tried pursuant to an order under section 77(1), or
b
is tried on indictment pursuant to an order under section 77(3),
the trial must be on an indictment preferred by direction of the Court of Appeal.
2
After the end of 2 months after the date of the order, the person may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal gives leave.
3
The Court of Appeal must not give leave unless satisfied that—
a
the prosecutor has acted with due expedition, and
b
there is a good and sufficient cause for trial despite the lapse of time since the order under section 77.
4
Where the person may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order and—
a
for any direction required for restoring an earlier judgment and verdict of acquittal of the qualifying offence, or
b
in the case of a person acquitted elsewhere than in the United Kingdom, for a declaration to the effect that the acquittal is a bar to his being tried for the qualifying offence.
5
An indictment under subsection (1) may relate to more than one offence, or more than one person, and may relate to an offence which, or a person who, is not the subject of an order or declaration under section 77.
6
Evidence given at a trial pursuant to an order under section 77(1) or (3) must be given orally if it was given orally at the original trial, unless—
a
all the parties to the trial agree otherwise,
b
section 116 applies, or
c
the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) applies.
7
At a trial pursuant to an order under section 77(1), paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (use of depositions) does not apply to a deposition read as evidence at the original trial.