(1)The requirements of this section are met if in all the circumstances it is in the interests of justice for the court to make the order under section 77.
(2)That question is to be determined having regard in particular to—
(a)whether existing circumstances make a fair trial unlikely;
(b)for the purposes of that question and otherwise, the length of time since the qualifying offence was allegedly committed;
(c)whether it is likely that the new evidence would have been adduced in the earlier proceedings against the acquitted person but for a failure by an officer or by a prosecutor to act with due diligence or expedition;
(d)whether, since those proceedings or, if later, since the commencement of this Part, any officer or prosecutor has failed to act with due diligence or expedition.
(3)In subsection (2) references to an officer or prosecutor include references to a person charged with corresponding duties under the law in force elsewhere than in England and Wales.
(4)Where the earlier prosecution was conducted by a person other than a prosecutor, subsection (2)(c) applies in relation to that person as well as in relation to a prosecutor.
Commencement Information
I1S. 79 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)