Explanatory note

These Rules make provision for the procedure to be followed where an application is made under section 76 of the Criminal Justice Act 2003 (whereby a prosecutor may apply to the Court for a retrial, after an acquittal, where there is new and compelling evidence and it is in the interests of justice to do so.)

Rule 3 makes provision for giving notice of an application to the Court for a retrial to the proper officer and the acquitted person. Rule 4 provides that the acquitted person, if they seek to oppose that application, must do so by serving a response. Rule 5 provides that the prosecutor or acquitted person may subsequently apply for an order for the production of any document, exhibit or other thing or for the attendance of any witness for examination.

Rule 6 makes provision in relation to bail and custody orders in the Court of Appeal.

Rule 7 contains provision regarding applications by the Director of Public Prosecutions for restrictions on publication.

Rule 8 makes provision for applications by an acquitted person or the Director of Public Prosecutions for an order to revoke or vary restrictions on publication.

Rules 9 to 14 make supplementary provision.