After a case has been dismissed because the prosecution was withdrawn and that decision is final, when may the prosecution be brought again over the same crime facts?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the decision dismissing the case following the withdrawal of the prosecution and the paper showing it has become final, the record of the withdrawal itself, and the newly found evidence with anything showing when it was discovered, since the provision turns on evidence found after that point.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as a closed door with one opening: once a dismissal based on the withdrawal of the prosecution has become final, the prosecution may be brought again only where other important evidence concerning those same crime facts has been discovered after the withdrawal, so each of the three conditions — a final dismissal, the same crime facts, and new evidence found later — must be present.
Another reading stresses the words 'other important evidence concerning that crime fact': evidence that merely reworks what the file already held, or that bears on a different offence, does not reach the condition, and the provision itself does not say who judges importance or what record fixes the date of discovery.
Your judgment
How can the file show that the evidence was discovered after the withdrawal rather than held before it, and that it concerns the same crime facts?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the condition for re-prosecution, or if a court decision sets what counts as 'other important evidence' or how the date of its discovery is established.