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      A re-trial does not automatically follow that finding.� Section 23(11) empowers the appellate Court to order a re-trial if it is satisfied that the requirements of s. 23(3)(b) have been met and ' it is, in all the circumstances, in the interests of justice to do so '. �In exercising this power, the Court is required to have regard to the factors identified in s. 23(12). �They are as follows:
a)       whether it is likely that any re-trial could be conducted fairly,
b)       the amount of time that has passed since the act or omission that gave rise to the indictment,
c)       the interests of any victim of the offence concerned, and
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[2026] EWCA Crim 486
Common Room
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