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s 68W

Prosecution must not refer to certain matters before jury

In force
Part 8AAAcquittals
Division 8AA.5Conduct of proceeding for retrial etc

68W Prosecution must not refer to certain matters before jury

(1)

At the retrial of a person in accordance with an order under section 68M (Court may order retrial—category A offence) or section 68N (Court may order retrial—category B offence) the prosecution must not mention before the jury that the court has found that it appears that—

(a)

there is fresh and compelling evidence against the person; or

(b)

more likely than not, but for the commission of an administration of justice offence, the person would have been convicted of an offence.

(2)

At the trial of a person in accordance with an order under section 68O (Court may order trial—administration of justice offence) the prosecution must not mention before the jury that the court has found that it appears that there is fresh evidence against the person.

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