(1) On an application under section 76(1), the Court of Appeal—
(a) if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;
(b) otherwise, must dismiss the application.
(2) Subsections (3) and (4) apply to an application under section 76(2).
(3) Where the Court of Appeal determines that the acquittal is a bar to the person being tried for the qualifying offence, the court—
(b) otherwise, must make a declaration to the effect that the
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