(1) An indictment for the retrial of a person that has been ordered under this
chapter may not, without the leave of the Court, be presented after the end of
the period of 2 months after the order was made.
(2) The Court may give leave
only if it is satisfied that—
(a) the prosecutor has acted with reasonable
expedition; and
(b) there is good and sufficient reason for the retrial
despite the lapse of time since the order was made.
(3) If, after the end of
the period of 2 months after an order for the retrial of an accused person was
made under this chapter, an indictment for the retrial of the person has not
been presented or has been withdrawn or quashed, the person may apply to the
Court to set aside the order for the retrial and—
(a) restore the acquittal
that was quashed; or
(b) restore the acquittal as a bar to the person being
tried for the offence.
(4) If the order is set aside, a further application
may not be made under this chapter for the retrial of the accused person in
relation to the offence concerned.
(5) At the retrial of an accused person,
the prosecution is not entitled to refer to the fact that the Court has found
that it appears that—
(a) there is fresh and compelling evidence against the
acquitted person; or
(b) more likely than not, but for the commission of the
administration of justice offence, the accused person would have been
convicted.
