(1)A prosecutor may apply to the Court of Appeal for an order—
(a)quashing a person’s acquittal in proceedings within section 75(1), and
(b)ordering him to be retried for the qualifying offence.
(2)A prosecutor may apply to the Court of Appeal, in the case of a person acquitted elsewhere than in the United Kingdom, for—
(a)a determination whether the acquittal is a bar to the person being tried in England and Wales for the qualifying offence, and
(b)if it is, an order that the acquittal is not to be a bar.
(3)A prosecutor may make an application under subsection (1) or (2) only with the written consent of the Director of Public Prosecutions.
(4)The Director of Public Prosecutions may give his consent only if satisfied that—
(a)there is evidence as respects which the requirements of section 78 appear to be met,
(b)it is in the public interest for the application to proceed, and
(c)any trial pursuant to an order on the application would not be inconsistent with obligations of the United Kingdom under [F124Article 31 or 34 of the Treaty on European Union (as it had effect before 1 December 2009) or Article 82, 83 or 85 of the Treaty on the Functioning of the European UnionF124] relating to the principle of ne bis in idem.
(5)Not more than one application may be made under subsection (1) or (2) in relation to an acquittal.
314.Section 76 allows a prosecutor to apply to the Court of Appeal for an order which quashes the person’s acquittal and orders him to be retried for the qualifying offence. A “prosecutor” means a person or body responsible for bringing public prosecutions, such as the Crown Prosecution Service or HM Customs and Excise. Where a person has been acquitted outside the United Kingdom the Court will need to consider whether or not the acquittal would act as a bar to a further trial here and, if it does, the Court can order that it must not be a bar.
315.Applications to the Court of Appeal require the personal written consent of the Director of Public Prosecutions (DPP). This provides a safeguard to ensure that only those cases in which there is sufficient evidence are referred to the Court of Appeal. The DPP will also consider whether it is in the public interest to proceed. This section also recognises any international obligations arising under the Treaty of the European Union, under which negotiations are taking place to support the mutual recognition of the decisions of the courts in other EU member states.
316.Applications may also be brought by public prosecuting authorities if new evidence arises in cases which have previously been tried by means of a private prosecution.
317.Only one application for an acquittal to be quashed may be made in relation to any acquittal.