Updated: November 2019; 16 October 2024; 7 July 2025
The circumstances in which a re-trial might be necessary are where:
a jury cannot reach a verdict
a jury is discharged prior to the conclusion of their deliberations
magistrates cannot reach a verdict
the Court of Appeal quashes a conviction
there is a tainted acquittal: the legal framework is in sections 54 to 57 Criminal Procedure and Investigations Act 1996 and Criminal Procedure Rule 27 applies
a defendant is acquitted and it is proposed they are investigated or prosecuted for the same serious offence (“double jeopardy”): this is dealt with in the separate Retrial of Serious Offences prosecution guidance.