Commentary on Sections Part 10: Retrial for Serious Offences Section 79:  Interests of justice
322.Section 79 sets out the requirement that in all the circumstances it is in the interests of justice for the Court to quash an acquittal and order a re-trial. In determining whether it is in the interests of justice, the Court will consider in particular: whether there are existing factors which make a fair trial unlikely (for example, the extent of adverse publicity about the case); the length of time since the alleged offence was committed; and whether the police and prosecution acted with due diligence and expedition in relation to both the original trial and any new evidence. The Court may take into account any other issues it considers relevant in determining whether a retrial will be in the interests of justice.
323.Both sections 78 and 79 apply where a previous prosecution case may have been led by a private rather than public prosecutor.