A service policeman may investigate an acquitted person in connection with the commission of a qualifying offence1 only with the written consent of the Director of Service Prosecutions (or a prosecuting officer)2. A service policeman may apply for such consent3 only if he is satisfied that new evidence4 has been obtained which would be relevant to an application for an order for retrial5 in respect of the offence6 or he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation7. The Director or prosecuting officer may give his consent8
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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