Evidence that was inadmissible at trial (for example, under the sexual history provisions in s 342 of the CPA) is not 'fresh' within the meaning of s 326C(3) if it was available to be adduced at trial. The statutory concept of 'adducing' evidence in s 326C(3) concerns the availability of evidence, not its admissibility. Section 326C(4) confirms rather than undermines this distinction. For second appeal applications, the gateway remains narrow: evidence must be both unavailable at trial and compelling in the statutory sense.
The full text is available to signed-in members.