Supreme Court Act 1933

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 B offence if satisfied that—

the person’s acquittal is tainted; 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 B offence.

The court may, under this section, order the acquitted person to be retried for a category B offence even if the person was acquitted of a lesser offence.

If the court makes an order under this section for an acquitted person to be retried, based on the person’s conviction for an administration of justice offence (the justice offence), and the conviction for the justice offence is quashed after the order is made, the acquitted person may apply to the court to set aside the order and—

restore the acquittal that was quashed; or

restore the acquittal as a bar to the acquitted person being retried for an 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 whether the acquittal that is the subject of the application happened before, on or after the commencement of the Supreme Court Amendment Act 2016, section 3.