F1PART 77PROVISIONS IN SUPPORT OF CRIMINAL JUSTICE
F2SECTION 2 APPLICATION TO QUASH AN ACQUITTAL
Application for a hearing to determine the application to quash an acquittal77.14.
(1)
An application for a hearing under rule 77.13(1) must—
(a)
be made no later than 7 days after the expiry of the period allowed—
(i)
under rule 77.11(1); or
(ii)
by any order made under rule 77.12(2); and
(b)
state whether a hearing is requested in order for a witness for the other party to attend to be cross-examined(GL) and, if so, the reasons for wishing the witness to attend.
(2)
The party applying for a hearing must—
(a)
serve a copy of the application notice on the other party within 4 days of filing it with the court; and
(b)
file a certificate of service.
(3)
The party served with an application for a hearing must file any representations within 5 days of service of the application notice.
(4)
Subject to paragraph (5), the court will not determine an application for a hearing unless a certificate of service has been filed pursuant to sub-paragraph (2)(b) and—
(a)
representations have been filed under paragraph (3); or
(b)
the period for filing representations under paragraph (3) has expired.
(5)
Where—
(a)
no certificate of service has been filed; and
(b)
no representations under paragraph (3) have been received after the expiry of 7 days from the date of filing the application,
the court may dismiss the application for a hearing.