595. 'Interests of justice'.

The question whether it is in the interests of justice for an order for retrial to be made1 is determined having regard in particular to:

  1.  

    (1)     whether existing circumstances make a fair trial unlikely2;

  2.  

    (2)     for the purposes of that question and otherwise, the length of time since the qualifying offence was allegedly committed3;

  3.  

    (3)     whether it is likely that the new evidence