Court may order trial—administration of justice offence
68O Court may order trial—administration of justice offence
The court may, on application by the director of public prosecutions, order a person who has been acquitted of an indictable offence (an acquitted person) to be tried for an administration of justice offence that is related to the proceeding for the indictable offence, if satisfied that—
there is fresh evidence against the acquitted person; and
the evidence is relevant to the administration of justice offence; and
it is in the interests of justice for the order to be made.
If the court orders the acquitted person to be tried for the administration of justice offence, the court must quash the person’s acquittal for the indictable offence and remove the acquittal for the indictable offence as a bar to the person being tried for the administration of justice 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.
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