(1)  The Court may, on the application of the Director of Public Prosecutions, order an acquitted person to be retried for a serious crime if satisfied that –

(a) the acquittal is a tainted acquittal; and

(b) in all the circumstances it is in the interests of justice for the order to be made.

(2)  The Court may order a person to be retried for a serious crime under this section even if the person had been charged with and acquitted of a lesser crime.

(3)  If the Court orders an acquitted person to be retried for a serious crime, the Court must quash the person's acquittal or remove the acquittal as a bar to the person being retried.

(4)  On the retrial, section 355(1)(b) does not apply in relation to the charge of the serious crime.