Article 11 Interests of justice

(1)

The requirements of this article are met if in all the circumstances it is in the interests of justice for the court to make the order under article 9(1)(a).

(2)

That question is to be determined having regard in particular to—

(a)

whether existing circumstances make a fair trial unlikely;

(b)

for the purposes of that question and otherwise, the length of time since the qualifying offence was allegedly committed;

(c)

whether it is likely that the new evidence would have been adduced in the earlier proceedings against the acquitted person but for a failure by a service policeman or by the Service Prosecuting Authority to act with due diligence or expedition;

(d)

whether, since those proceedings or, if later, since the coming into force of this Order, any service policeman or the Service Prosecuting Authority has failed to act with due diligence or expedition.

(3)

In paragraph (2)—

(a)

references to a service policeman or the Service Prosecuting Authority include references to persons charged with corresponding duties under the law in force —

(i)

in any part of the United Kingdom; or

(ii)

elsewhere than in the United Kingdom;

(b)

references to a service policeman include a provost officer within the meaning of the Army Act 1955, Air Force Act 1955 or Naval Discipline Act 1957, and any person exercising authority on behalf of such an officer;

(c)

references to the Service Prosecuting Authority include a prosecuting authority within the meaning of the Army Act 1955, Air Force Act 1955 or Naval Discipline Act 1957, and any officer appointed by a prosecuting authority as a prosecuting officer under any of those Acts.