(1)For the purposes of section 3(2)(b) and this section “relevant previous investigation” means an investigation into the alleged conduct which—
(a)was carried out by an investigating authority,
(b)has ceased to be active, and
(c)either did not lead to any decision as to whether or not the person should be charged with an offence, or led to a decision that the person should not be charged with any offence.
(2)For the purposes of section 3(2)(b), where there has been at least one relevant previous investigation in relation to the alleged conduct, evidence—
(a)is not “new” if it has been taken into account in the relevant previous investigation (or in any of them);
(b)otherwise, is “new”.