(1) Where a person—
(a) is tried pursuant to an order under section 77(1), or
(b) is tried on indictment pursuant to an order under section 77(3),
the trial must be on an indictment preferred by direction of the Court of Appeal.
(2) After the end of 2 months after the date of the order, the person may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal gives leave.
(3) The Court of Appeal must not give leave unless satisfied that—
(a) the prosecutor has acted with due expedition, and
(b) there is a
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