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. In fact the doctrine has since been further expanded upon as explained in About Fofana, Mosie Belise v Deputy Prosecutor Thubin de Grande Instance de Meaux, Frank [2006] ECHC 744 where Auld LJ stated; ‘The semantic bond that so constrained their lordships in Connelly and the Court of Appeal in Beddie to confine the notion of ‘double jeopardy’ to the absolute plea in bar of auterfois acquit or convict, were loosened by their lordships, albeit indirectly, in R v Z [2000] 2 AC 483, so as to apply it to a case where, even though the charge is different it is founded on the same or substantially the same facts as an earlier trial’ para 22. (3) The prosecutor must, as soon as practicable after service of that notice on the acquitted person, file with the Registrar a witness statement or certificate of service which exhibits a copy of that notice. Get involved with the news in your community, This website and associated newspapers adhere to the Independent Press Standards Organisation's Editors' Code of Practice. 2. Only one application is permitted in respect of an acquittal of a qualifying offence. he or she is satisfied that new evidence has been obtained which would be relevant to an application to the Court of Appeal for an order quashing the acquittal and directing a retrial in respect of the qualifying offence to which the investigation relates; or, he or she has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation, When the action was taken, new evidence had been obtained which would be relevant to an application for an order quashing an acquittal and directing a retrial in respect of the qualifying offence to which the investigation relates; or. The Crown Court may remand the acquitted person in custody. That assessment will result in a recommendation to the DPP. (1) Rules 19.18, 19.22 and 19.23 shall apply where a person is to appear or be brought before the Crown Court pursuant to sections 88 or 89 of the Criminal Justice Act 2003(4) (with the modification as set out in paragraph (2)), as if they were applications under rule 19.18(1).

For example, an officer may speak to witnesses other then the acquitted person irrespective of sections 85 and 86. Section 116 of the 2003 Act applies (which provides for permitting hearsay where the witness is unavailable) This is not yet in force but is likely to implemented in April 05; or. A man convicted under the amended double jeopardy law of raping a pensioner in her home in east London is jailed for life. If an acquitted person is charged by the police under section 88 and either kept in police custody or local authority accommodation, or granted bail, he or she must be brought before the Crown Court as soon as practicable, and in any event not more than 24 hours after charge, or bailed by the police to attend the Crown Court within 24 hours (includes Saturday). "business day" means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971, in England and Wales; and.

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