Criminal Code Act 1899

This section applies for the purpose of deciding under this chapter whether there is fresh and compelling evidence against an acquitted person in relation to the offence of murder or a prescribed offence.

Evidence is fresh if—

it was not adduced in the proceedings in which the person was acquitted; and

it could not have been adduced in those proceedings with the exercise of reasonable diligence by—

a police officer in relation to the investigation of the commission of the offence; or

a prosecutor in relation to the prosecution of the offence.

For subsection (2)(b), a police officer or prosecutor is taken not to have failed to exercise reasonable diligence merely because the police officer or prosecutor relied on advice or forensic services provided by—

Forensic Science Queensland under the Forensic Science Queensland Act 2024; or

the part of Queensland Health that was known as Forensic and Scientific Services before the commencement of the Forensic Science Queensland Act 2024.

Evidence is compelling if—

it is reliable; and

it is substantial; and

in the context of the issues in dispute in the proceedings in which the person was acquitted, it is highly probative of the case against the acquitted person.

Evidence that would be admissible on a retrial under this chapter is not precluded from being fresh and compelling evidence merely because it would have been inadmissible in the earlier proceedings against the acquitted person.

In this section—forensic services means any type of testing and analysis or scientific interpretation.Queensland Health means the department administering the Hospital and Health Boards Act 2011. sch 1 pt 8 ch 68 s 678D ins 2007 No. 49 s 4