Supreme Court Act 1933

This section applies if—

an application is made to the court by the director of public prosecutions for an order under division 8AA.3 in relation to—

the retrial of an acquitted person under section 68M (Court may order retrial—category A offence); or

the retrial of an acquitted person under section 68N (Court may order retrial—category B offence); or

the trial of an acquitted person for an administration of justice offence under section 68O (Court may order trial—administration of justice offence); and

the acquitted person (the applicant) applies to the court for indemnification of the applicant’s costs incurred as a result of—

an application for an order mentioned in paragraph (a); or

if the order is granted—a proceeding resulting from the order.

The court may make an order, subject to any conditions the court thinks appropriate, that the applicant is entitled to be indemnified for the costs mentioned in subsection (1) (b) (an indemnification order) if the court is satisfied that the order is in the interests of justice.

When deciding whether it is in the interests of justice to make an indemnification order the court may take into account the following:

whether the court makes an order mentioned in subsection (1) (a);

whether the applicant’s acquittal, that is the subject of the application for an order mentioned in subsection (1) (a), was attributable to the act, neglect or fault of the applicant;

any other matter that the court considers relevant.

If the court makes an indemnification order in the applicant’s favour the applicant must be indemnified by the Territory, in relation to the costs mentioned in the order, for an amount assessed as reasonably incurred.

Note If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.