Text as at 1 July 2026

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327N Determination of application where administration of justice offence

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On an application under section 327H, the Court of Appeal may make any order referred to in section 327O in relation to a person who has been acquitted of an offence if the court is satisfied that—

S. 327N inserted by No. 81/2011 s. 17.

(a)at the time the offence is alleged to have been committed, the offence was an indictable offence; and

(b)there is fresh evidence against the acquitted person of the commission of an administration of justice offence in relation to the previous acquittal; and

(c)it is likely that a trial for the administration of justice offence would be fair, having regard to—

(i)the length of time since the administration of justice offence is alleged to have been committed; and

(ii)whether there has been a failure on the part of the police or the prosecution to act with reasonable diligence or expedition with respect to the making of the application; and

(iii)any other matter that the court considers relevant.