When must an acquittal pronounced on retrial be published, and in which cases may that publication be left out?
General information · Not legal advice
Material to check
We read the retrial judgment to confirm that an acquittal was pronounced on retrial, the retrial application to see who applied and on which ground, and any paper in which the person the provision names states that publication is not wanted.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the scope of the duty from the words of the provision: where an acquittal is pronounced in a retrial, the court must publish that judgment by entering it in the official gazette and in a newspaper published in the place where the court sits, whatever ground the retrial was granted on.
Another reading marks where the duty stops: publication is left out only where the person the provision names does not wish it, and the provision names different people depending on whether the retrial was applied for under the first three grounds of the retrial provisions or under the fourth, so the file has to show which of these two situations arose.
Your judgment
Where the retrial was applied for by a person falling under the fourth ground, how should the file show whether that applicant has expressed a wish against publication?
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 grounds for retrial or the person whose wish can withhold publication are amended, or if a court decision explains what counts as expressing a wish against publication.