Potential Circumstances | Kangs Criminal Defence Trial Advisors
A re-trial may be required where:
- the Prosecution seeks one following the failure by a jury to reach an acceptable majority decision as required by law.
- magistrates fail to agree upon a verdict
- the Court of Appeal orders that there should be one
- an irregularity in former proceedings resulted in the jury being discharged
- there was a tainted acquittal such as, for example, by jury intimidation
- new and compelling evidence comes to light, pursuant to Part 10 of the Criminal Justice Act 2003.
No Jury Majority | Kangs Trial Procedure Advisory Solicitors
The Criminal Prosecution Service (‘CPS’) ‘Guidance for Prosecutors’ provides that the following factors should be taken into account when seeking a Retrial:
- the merits of the case
- likely reasons for why the jury failed to reach a verdict
- the interests and views of the victim(s)
- any views that are expressed by the Judge
- the views of police and prosecuting advocate
- most importantly, the public interest in seeking a verdict.
Failure Of A Second Trial | Kangs Criminal Procedure Advisory Team
In very exceptional circumstances, a third Trial can be ordered if the CPS is able to satisfy the court that a full review and reasoned decision has taken place and that a third trial is justifiable in all the circumstances.
In such cases the defence may object upon grounds such as ‘abuse of process’.
How Can We Help? | Kangs National Criminal Defence Solicitors
It is crucial that if you are facing a retrial you instruct a pro-active legal team experienced in dealing with retrials.
Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors
Please feel free to contact our team through any of the following who will be happy to speak to you and guide you.