Notice of application to set aside order for retrial

11.—(1) If an acquitted person has not been arraigned before the end of two months after the date on which the order under section 77 of the 2003 Act was made, he may apply to the Court to set aside the order.

(2) An application under paragraph (1) shall be in Form 5 and shall be served on the proper officer and at the same time a copy thereof shall be served by the applicant, on the prosecutor.