Criminal Procedure Act 2010

9.

Application by Director for re-trial order where previous acquittal tainted.

9.— (1) This section applies where—

( a) a person—

(i) is, on or after the commencement of this section, sent forward for trial in respect of an offence (irrespective of whether or not the offence is a relevant offence) and is, or

(ii) has, before the commencement of this section, been sent forward for trial but has not yet been tried in respect of an offence (irrespective of whether or not the offence is a relevant offence) and is, on or after such commencement,

tried on indictment in respect of the offence, and acquitted of that offence (whether at the trial, on appeal against conviction or on appeal from such a decision on appeal), and

( b) the person, or another person, has been convicted of an offence against the administration of justice relating to the proceedings which resulted in the acquittal referred to in paragraph (a) .

(2) For the purposes of this section, a person who has been acquitted of an offence in proceedings referred to in subsection (1)(a), shall be deemed to also have been acquitted of any offence in respect of which he or she could have been convicted in the proceedings concerned by virtue of the first-mentioned offence charged in the indictment, other than an offence for which he or she has been convicted.

(3) The Director may apply to the Court for a re-trial order where it appears to him or her—

( a) there is compelling evidence against a person referred to in subsection (1)(a), and

( b) that it is in the public interest to do so.

(4) No application for a re-trial order in respect of a person may be made by the Director under this section where proceedings relating to an offence against the administration of justice referred to in subsection (1) (b) are pending before any court.

(5) Only one application for a re-trial order may be made by the Director in respect of a person in relation to an offence that was the subject of the application and no further application may be made irrespective of whether the person concerned is subsequently acquitted of the offence concerned in a re-trial ordered pursuant to an application under this section.

(6) An application for a re-trial order under subsection (3) shall be on notice to the person concerned.

(7) If a person fails to appear before the Court in respect of the hearing of the application, the Court, if it is satisfied that it is, in all the circumstances, in the interests of justice to do so, may proceed to hear and determine the application in the absence of the person.

(8) For the purposes of subsection (1)(b), the reference to “convicted of an offence”, in relation to a person, includes a reference to the conviction of a person after signing a plea of guilty and being sent forward for sentence under section 13(2)( b) of the Criminal Procedure Act 1967.