Circumstances in which person may be charged with administration of justice offence relating to previous acquittal
148 Circumstances in which person may be charged with administration of justice offence relating to previous acquittal
The
Court of Appeal may, on application by the Director of Public
Prosecutions, order a person who has been acquitted of an indictable offence to be tried for an administration of justice offence that is related to the offence of which the person has been acquitted if the
Court is satisfied that—
there is fresh evidence against the acquitted person in relation to the administration of justice offence; and
in the circumstances, it is likely that a trial would be fair having regard to—
the length of time since the administration of justice offence is alleged to have occurred; and
whether there has been any failure on the part of the police or prosecution to act with reasonable diligence or expedition with respect to the making of the application; and
any other matter that the Court considers relevant.
An application under subsection (1) must be made within 28 days after—
the person is charged with the administration of justice offence; or
a warrant is issued for the person's arrest for the administration of justice offence.
If the Court of Appeal orders a person to be tried for an administration of justice offence that is related to an indictable offence of which the person has been acquitted, the Court—
must remove the acquittal as a bar to the person being tried for the administration of justice offence; and
may make any other order that the Court thinks fit in the circumstances.
The
Director of Public Prosecutions may not, without the permission of the Court of Appeal, present an information for the trial of a person in respect of whom the Court has made an order under this section more than 2 months after the Court made the order.
The
Court of Appeal should not give permission for the late presentation of an information for any such trial unless the Court is satisfied that, despite the period of time that has passed since the Court made the order for the trial—
the
Director of Public Prosecutions has acted with reasonable expedition; and
there is good and sufficient reason why the late presentation of the information should be allowed.
If, more than 2 months after an order for the trial of a person for an administration of justice offence was made under this section, an information for the trial of the person for the offence has not been presented or has been withdrawn or quashed, the person may apply to the Court of Appeal to set aside the order for the trial and to restore the acquittal as a bar to the person being tried for the offence.
In this section—
acquitted person means a person who has been acquitted of an indictable offence (whether in this State or in another jurisdiction).
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