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Changes over time for: Section 79
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Status:
Point in time view as at 03/02/2025.
Changes to legislation:
Criminal Justice Act 2003, Section 79 is up to date with all changes known to be in force on or before 26 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes to Legislation
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79Interests of justiceE+W+N.I.
This section has no associated Explanatory Notes
(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.
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