Interests of justice
68P Interests of justice
When determining whether an order under section 68M (Court may order retrial—category A offence), section 68N (Court may order retrial—category B offence) or section 68O (an order) is in the interests of justice, the court must take into account the following:
whether an acquitted person to whom the order would relate is, in the circumstances, likely to receive a fair trial;
the period since the offence, for which an acquitted person would be tried or retried as a result of an order, was committed;
whether a police officer or prosecutor has failed to act with reasonable diligence or expedition in relation to the application for an order.
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