Section 77 Determination by Court of AppealI1

England, Wales and Northern Ireland

(1)

On an application under section 76(1), the Court of Appeal—

(a)

if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;

(b)

otherwise, must dismiss the application.

(2)

Subsections (3) and (4) apply to an application under section 76(2).

(3)

Where the Court of Appeal determines that the acquittal is a bar to the person being tried for the qualifying offence, the court—

(a)

if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;

(b)

otherwise, must make a declaration to the effect that the acquittal is a bar to the person being tried for the offence.

(4)

Where the Court of Appeal determines that the acquittal is not a bar to the person being tried for the qualifying offence, it must make a declaration to that effect.

Annotations

Commencement

I1: S. 77 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)