{
  "url": "https://openlegislation.uk/criminal-appeal-retrial-for-serious-offences-rules-northern-ireland-2005/article-3",
  "json_url": "https://openlegislation.uk/criminal-appeal-retrial-for-serious-offences-rules-northern-ireland-2005/article-3.json",
  "legislation": "nisr/2005/158",
  "legislation_title": "The Criminal Appeal (Retrial for Serious Offences) Rules (Northern Ireland) 2005",
  "legislation_url": "https://openlegislation.uk/criminal-appeal-retrial-for-serious-offences-rules-northern-ireland-2005",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Notice of a section 76 application",
  "text": "(1) Notice of a section 76 application shall be in Form 1 and shall be served by the prosecutor, pursuant to section 80(1) of the 2003 Act, on the proper officer and a copy thereof shall be served by the prosecutor, pursuant to section 80(2) of the 2003 Act, on the acquitted person.\n(2) The notice under paragraph (1) shall, where practicable, be accompanied by –\n(a) relevant witness statements which are relied upon as forming new and compelling evidence of guilt of the acquitted person as well as any relevant witness statements from the original trial;\n(b) any unused statements which might reasonably be considered capable of undermining the section 76 application or of assisting an acquitted person’s application to oppose that application under rule 4;\n(c) a copy of the indictment and paper exhibits from the original trial; and\n(d) copies of the transcript of the summing up and any other relevant transcripts from the original trial; and\n(e) any other documents relied upon to support the section 76 application.\n(3) As soon as practicable after service of the notice under paragraph (1) on the acquitted person, the prosecutor shall file with the proper officer an affidavit of service which exhibits a copy of that notice.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2005/158/article/3",
    "retrieved_at": "2026-10-29T01:53:05.488580+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}