Court may order retrial—category A offence
68M Court may order retrial—category A offence
The court may, on application by the director of public prosecutions, order a person acquitted of an offence (an acquitted person) to be retried for a category A offence if satisfied that—
there is fresh and compelling evidence against the acquitted person in relation to the offence; and
it is in the interests of justice for the order to be made.
If the court orders the acquitted person to be retried, the court must quash the person’s acquittal and remove the acquittal as a bar to the person being retried for a category A offence.
The court may, under this section, order the acquitted person to be retried for a category A offence even if the person was acquitted of a lesser offence.
The acquitted person is entitled to appear at the hearing of an application under this section and may be represented by a legal practitioner.
This section applies only if the acquittal that is the subject of the application happened on or after the commencement of the Supreme Court Amendment Act 2016, section 3.
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