Clause 71 - Retrial
Criminal Justice Bill
4:30 pm
Mr Hilary Benn (Parliamentary Under-Secretary, Home Office; Leeds Central, Labour)
The clause allows for a period of two months between the Court of Appeal making an order for a retrial and the arraignment of the defendant on the new indictment. During that time, the prosecution will have to put together its full case against the defendant, but the clause provides safeguards, which means that the court must give leave for that period to be extended.
The amendment would reduce the period to one month, but the Government do not consider that two months is an excessive period to allow the prosecution at that stage, particularly given those safeguards, to do what needs to be done. In essence, two months is an appropriate period and one month would be too short.