Criminal Procedure Act 2009

The DPP may apply to the Court of Appeal for an order—

setting aside the previous acquittal of the accused or removing the previous acquittal as a bar to the accused being tried on the direct indictment (as the case requires); and

authorising the continuation of the prosecution of the charge in the indictment.

An application must specify whether it is based on—

a tainted acquittal; or

fresh and compelling evidence; or

an administration of justice offence.

An application based on fresh and compelling evidence cannot be made in relation to an acquittal resulting from a new trial authorised under this Chapter.

An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court within 28 days after the day on which a direct indictment is filed under section 327F.

A notice of application under subsection (4) must be signed by the DPP personally.

A copy of the notice of application must be served personally on the accused in accordance with section 391 within 7 days after the day on which the notice of application is filed.

The DPP must provide a copy of the notice of application to the legal practitioner who last represented the accused in the criminal proceeding which resulted in the previous acquittal, if that legal practitioner can reasonably be identified.

An accused is entitled to appear at the hearing of an application under this section and may be represented by a legal practitioner.