1/6/2024 0 Comments Acquittal vs not guilty![]() The CCP (or, where cases originate within the Central Casework Divisions, the Head of that Division) will act as the channel between the police and the DPP. The Court of Appeal may refuse to quash an acquittal in cases where the evidence is not new and compelling, or where it is now not considered in the interests of justice to proceed with a retrial. The retrial will take account of all the evidence available in the case. Where the Court of Appeal quashes an acquittal, a new indictment for the same offence may then be preferred by the prosecuting authorities, and a retrial will follow. In case of doubt as to whether Part 10 applies, a prosecutor should refer the inquiry to the CCP. Any prosecutor who receives a request from the police to advise in relation to a case where the defendant was acquitted of a qualifying offence must refer the inquiry to his or her CCP. With one exception (that an acquittal would not be a bar to the trial of the acquitted person for the qualifying offence), where the DPP's consent is required under Part 10, it must be the personal consent of the DPP. section 77(4)(an order declaring that the foreign acquittal is not a bar to a trial).in the case of foreign acquittals, under section 77(3)(an order which determines that the foreign acquittal is a bar and orders that it shall be or shall not be a bar) or.an order by the Court of Appeal under section 77(1)(quashing the acquittal and directing that a retrial shall be held) or.The provisions enable the prosecuting authorities, with the consent of the DPP, to apply to the Court of Appeal for an order quashing the original acquittal and directing a retrial (a "section 77 order"). They are listed in Part 1 of Schedule 5 of the 2003 Act (see Annex A). The new procedures apply only in respect of serious offences. For further information see the Legal Guidance on Consents to Prosecute. The DPP will take into account both the strength of the evidence and the public interest in determining whether a re-investigation or application to the Court is appropriate. They provide safeguards aimed at preventing the possible harassment of acquitted persons in cases where there is not genuinely new evidence, by requiring the personal consent of the DPP both to the re-opening of investigations and to the making of an application to the Court of Appeal. The measures amend the law in relation to re-investigation of persons acquitted of serious offences in these circumstances, to enable the prosecuting authorities to apply to the Court of Appeal for an acquittal to be quashed, and for a retrial to take place where the Court of Appeal is satisfied that the new evidence is a compelling indication of the acquitted person's guilt. Examples of new evidence might include DNA or fingerprint tests, or new witnesses to the offence coming forward. The law has been reformed to permit a retrial in cases of serious offences where there has been an acquittal in court, but compelling new evidence has subsequently come to light which indicates that an acquitted person was in fact guilty. The second arose where the courts considered it an abuse of process for additional charges to be brought, following an acquittal or conviction, for different offences which arose from the same behaviour or facts (there were exceptions to this rule). These principles provide a bar to a trial, in respect of the same offence, of a person who has previously been either acquitted or convicted of that offence. The first is known as autrefois acquit and autrefois convict. There are two principles arising from the common law which prevent this. Previously, the law did not permit a person who has been acquitted or convicted of an offence to be retried for that same offence. Part 10 of the Criminal Justice Act 2003 (the 2003 Act) reforms the law relating to double jeopardy, by permitting retrials in respect of a number of very serious offences, where new and compelling evidence has come to light. Annex E - Form for Retrial following Acquittal for Serious Offence (RSO 1).Annex D - Criminal Procedure Rules Part 41.Annex C - A procedural guide to bail and custody where there is no arrest of the acquitted person and no police charge under section 87.Annex B - A procedural guide regarding arrest and charge by the police under section 87.Annex A - Schedule of Qualifying Offences for Retrial of Serious Offences: List of offences for England and Wales.Bail/custody once the notice of application has been served.Examination of witnesses or evidence by the court.Other matters to be covered in the recommendation to the DPP.Obtaining the DPP's consent to an application under section 76.Crown court: bail and custody before application.Certification from a superintendent or above after the urgent steps.If urgent investigative steps are taken.
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