Dermot Ahern (Louth, Fianna Fail)

There are two significant conditions built into the Bill. The DPP can only make the application where it appears to him that there is new and compelling evidence and that it is in the public interest to make the application. There are several significant safeguards in the Bill from the perspective of the acquitted person. First, the possibility of an acquittal being reopened on the basis of new and compelling evidence is restricted to the most serious offences in the Statute Book. Second, the provision has prospective effect only. Third, the test to be met by the DPP is very high in order to that the procedure is only used in very clear and exceptional circumstances. Fourth, the court must have regard to the interests of justice, including whether any retrial could be conducted fairly when making its determination. Fifth, the acquitted person is on notice of the application and is entitled to legal aid. Sixth, unlike in other jurisdictions that allow the acquitted person to be remanded in custody or on bail pending the determination of the trial application, the acquitted person will be at liberty and not subject to any restrictions. Seventh, the possibility of an appeal to the Supreme Court is provided for in section 14. Eighth, the DPP may only make one application for a retrial. Penultimately, if a person is acquitted a second time, there is no possibility of making a further application for a retrial order. Finally, there is no possibility of a without prejudice prosecution appeal in the case of a person acquitted following a retrial order. That is proposed in section 24 of the Bill.