(1) The requirements of this section are met if in all the circumstances it is in the interests of justice for the court to make the order under section 77.
(2) That question is to be determined having regard in particular to—
(a) whether existing circumstances make a fair trial unlikely;
(b) for the purposes of that question and otherwise, the length of time since the qualifying offence was allegedly committed;
(c) whether it is likely that the new evidence would have been adduced in the earlier proceedings against the acquitted person but for a failure by an
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