Criminal Code Act 1899

This section applies to any police investigation of the commission of an offence by an acquitted person in relation to the possible retrial of the person for the offence under this chapter.

For the purposes of this section, a police investigation is an investigation that involves, whether with or without the consent of the acquitted person—

any arrest, questioning or search of the acquitted person, or the issue of a warrant for the arrest of the person; or

any forensic procedure carried out on the person or any search or seizure of premises or property of or occupied by the person.

A police officer may carry out or authorise a police investigation to which this section applies only if the director of public prosecutions—

has advised that, in the opinion of the director of public prosecutions, the acquittal would not be a bar to the retrial of the acquitted person in this State for the offence; or

has given written consent to the police investigation on the application in writing of the commissioner, or a deputy commissioner, of the police service.

The commissioner, or a deputy commissioner, of the police service may make an application for the police investigation only if satisfied that relevant evidence for the purposes of an application for a retrial under this chapter—

has been obtained; or

is likely to be obtained as a result of the investigation.

The director of public prosecutions may give consent to the police investigation only if satisfied that—

there is, or there is likely as a result of the investigation to be, sufficient new evidence to warrant the conduct of the investigation; and

it is in the public interest for the investigation to proceed.

Despite the Police Service Administration Act 1990, section 4.10, the commissioner of the police service may not delegate powers of the commissioner under this section to a police officer or staff member. sch 1 pt 8 ch 68 s 678I ins 2007 No. 49 s 4