149
In forceProhibition on making certain references in retrial
Part 6Limitations on rules relating to double jeopardy
Division 4Prohibition on making certain references in retrial
149 Prohibition on making certain references in retrial
At the retrial of a person for an offence of which the person had previously been acquitted by order of the Court of Appeal under
Division 3, the prosecution must not refer to the fact that, before making the order for the retrial of the offence, the Court had to be satisfied that—
(a)
the acquittal was tainted; or
(b)
there is fresh and compelling evidence against the acquitted person in relation to the offence, (as the case requires).
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