Criminal Code Act 1899

If a person has been acquitted, not more than 1 application for the retrial of the person may be made under this chapter in relation to the acquittal.

If the acquittal results from a retrial under this chapter—

an application may not be made for an order under section 678B or 678BA in relation to the acquittal; but

an application may be made for an order under section 678C in relation to the acquittal.

An application for the retrial of an acquitted person may not be made under this chapter unless—

the person has been charged with the offence for which the retrial is sought (the relevant offence); or

a warrant has been issued for the person’s arrest in relation to the relevant offence.

The application must be made not later than 28 days after the person is charged with the relevant offence or the warrant is issued for the person’s arrest in relation to the relevant offence.

The Court may extend the period mentioned in subsection (4) for good cause.

The Court must consider the application at a hearing.

The person to whom the application relates is entitled to be present and heard at the hearing, whether or not the person is in custody.

However, if the person has been given a reasonable opportunity to be present, the application may be decided even if the person is not present.

The powers of the Court mentioned in section 671B(1) may be exercised in relation to the hearing of the application.

The Court may at 1 hearing consider more than 1 application under this chapter for a retrial (whether or not relating to the same person), but only if the offences concerned may be tried on the same indictment.

If the Court decides in proceedings on an application under this chapter that the acquittal is not a bar to the person being retried for the offence concerned, it must make a declaration to that effect. sch 1 pt 8 ch 68 s 678G ins 2007 No. 49 s 4