Criminal Code Act 1899

The Court may, on the application of the director of public prosecutions, order an acquitted person to be retried for a prescribed offence if satisfied that—

there is fresh and compelling evidence against the acquitted person in relation to the prescribed 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 a prescribed offence (the relevant offence) under this section even if—

the person had been charged with and acquitted of another prescribed offence; and

the relevant offence is an offence of which the person might have been convicted as an alternative to the other prescribed offence.

Also, the Court may order a person to be retried for a prescribed offence (also the relevant offence) under this section even if—

the person had been charged with and acquitted of the offence of murder; and

the relevant offence is an offence of which the person might have been convicted as an alternative to the offence of murder.

If the Court orders an acquitted person to be retried for the prescribed offence, 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 prescribed offence. sch 1 pt 8 ch 68 s 678BA ins 2024 No. 6 s 30