HL Deb 23 July 2002 vol 638 c41WA
Lord Hylton

asked Her Majesty's Government:

What criteria have to be satisfied before a retrial can be ordered in a serious criminal case. [HL5194]

The Parliamentary Secretary, Lord Chancellor's Department (Baroness Scotland of Asthal)

In accordance with the Criminal Appeal Act 1968, a court can only order a retrial in a serious criminal case if (a) it is in the public interest to do so, and (b) the retrial would be conducted without unfairness to, or oppression of, the defendant.