Section 84: Retrial, Criminal Justice Act 2003

Where a person—

is tried pursuant to an order under section 77(1), or

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.

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.

The Court of Appeal must not give leave unless satisfied that—

the prosecutor has acted with due expedition, and

there is a good and sufficient cause for trial despite the lapse of time since the order under section 77.

Where the person may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order and—

for any direction required for restoring an earlier judgment and verdict of acquittal of the qualifying offence, or

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.

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.

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—

all the parties to the trial agree otherwise,

section 116 applies, or

the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) applies.

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.

Section 84: Retrial

Discussed in

About this text