On an application under section 76(1), the Court of Appeal—
if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;
otherwise, must dismiss the application.
Subsections (3) and (4) apply to an application under section 76(2).
Where the Court of Appeal determines that the acquittal is a bar to the person being tried for the qualifying offence, the court—
if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;
otherwise, must make a declaration to the effect that the acquittal is a bar to the person being tried for the offence.
Where the Court of Appeal determines that the acquittal is not a bar to the person being tried for the qualifying offence, it must make a declaration to that effect.