Form NG ACQ

Form NG ACQ

<p> FOR OFFICIAL USE - CAO No. / / Form</p><p>NOTICE and GROUNDS of an application under NG s.76 Criminal Justice Act 2003 for a re-trial following acquittal for a (ACQ) serious offence. (s.80(1) Criminal Justice Act 2003; Criminal Procedure Rules, r.41.2(1))</p><p>Write in BLACK INK and use BLOCK CAPITALS 1. Case details Name of acquitted person ______Name of Crown Court where tried ______Name of Judge ______Date of the acquittal ______Qualifying offence is defined in s.75(8) of Qualifying offence ______the Criminal Justice Act 2003 and means Name(s) of any co-accused ______an offence listed in Part 1 of Schedule 5 ______of that Act.</p><p>2. Details of Verdict, finding or the trial Indictment number Count No. Offence(s) other order Indictment Details of the trial indictment including the number of the indictment and all offences on the indictment and result in relation to each charge.</p><p>3. Details of Are you applying for (tick as appropriate): the Application An order of the Court quashing a person’s acquittal and an order for a retrial for the qualifying offence. (s.76(1) Criminal Justice Act 2003)</p><p>A determination of the Court, in the case of a person acquitted elsewhere than in the United Kingdom, whether the acquittal is a bar to the person being tried in England and Wales for the qualifying offence and if it is, an order that the acquittal is not to be a bar. (s.76(2) Criminal Justice Act 2003)</p><p>The Director of Public On what date was the written consent of the Director of Public Prosecutions given: Prosecutions may only give consent if satisfied of the conditions in Section 76(4) of the ______Criminal Justice Act 2003. Please attach a copy of the written personal consent.</p><p>1 4. Acquitted person Is the acquitted person in custody? * Delete as appropriate Yes / No * ’s custod (a) If the acquitted person is in custody, y status give the acquitted person’s prison index number and address where detained:</p><p>Custody Address ______Prison Index No. ______(b) If not in custody, </p><p> give the acquitted person’s address: ______</p><p>5. Extension of time for Are you applying for an order extending the time for service of notice * Delete as appropriate Yes / No * service on the acquitted person? Notice of the application must be served on the If yes, please provide the following information: acquitted person within two days, beginning with the (a) details of the location of the acquitted person; and day on which this notice is given to the Registrar. An extension will only be granted if the Court considers it necessary to do so because of the acquitted person’s absence from the United Kingdom (s.80(3) of the (b) indication of the period of time that it will take to serve the acquitted person. Criminal Justice Act 2003) </p><p>2 6. Grounds Please: of the 1. Identify the new and compelling evidence upon which the applicant relies and summarise Application the arguments intended to be put before the Court. 2. Identify any relevant authorities; and include any other document or thing that the Address the requirements in s.78 applicant thinks the Court will need to decide the application (Criminal Procedure Rules, (new and compelling r.41.2(2)): evidence) and s.79 (interests of justice) of the Criminal Justice Act 2003.</p><p>7. Production of Please indicate whether you are also seeking an order for the * Delete as appropriate Yes / No * evidence and production of any document, exhibit or other thing or for a witness to attend for examination before the court.</p><p>3 examination of witnesses If yes, please provide the following information: (s.80(6) of the Criminal Justice Act 2003). (a) details of the document, exhibit or other thing to be produced or the witness to attend for examination; and</p><p>(b) state why it would be necessary or expedient in the interests of justice for the Court to make such an order.</p><p>8. Signature Name of Prosecutor and Prosecuting Authority: </p><p>______</p><p>Address ______</p><p>______</p><p>Signature of Prosecutor ______Date ______</p><p>4</p>

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