Court may order retrial for murder—fresh and compelling evidence
678B Court may order retrial for murder—fresh and compelling evidence
The Court may, on the application of the director of public prosecutions, order an acquitted person to be retried for the offence of murder if satisfied that—
there is fresh and compelling evidence against the acquitted person in relation to the offence; and
in all the circumstances it is in the interests of justice for the order to be made.
The Court may order a person to be retried for the offence of murder under this section even if the person had been charged with and acquitted of a lesser offence relating to the unlawful killing of another person.
If the Court orders an acquitted person to be retried for the offence of murder, the Court must quash the person’s acquittal or remove the acquittal as a bar to the person being retried.
On the retrial, section 17 does not apply in relation to the charge of the offence of murder. sch 1 pt 8 ch 68 s 678B ins 2007 No. 49 s 4
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