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s 68Q

Conditions for retrial application

In force
Part 8AAAcquittals
Division 8AA.4Procedure
Subdivision 8AA.4.1Applications under pt 8AA

68Q Conditions for retrial application

(1)

An application under section 68M (Court may order retrial—category A offence) or section 68N (Court may order retrial—category B offence) for the retrial of an acquitted person must not be made unless—

(a)

the acquitted person has been charged with the offence for which the retrial is sought (the retrial offence); or

(b)

a warrant has been issued for the person’s arrest in relation to the retrial offence.

(2)

The application must be made not later than 28 days after the person is charged with the retrial offence or the warrant is issued for the person’s arrest in relation to the retrial offence.

(3)

The court may extend the period mentioned in subsection (2).

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