Criminal Procedure Act 2009

On an application under section 327H, if the Court of Appeal is satisfied of the matters in section 327L or 327M, the court may order that—

the previous acquittal of the accused of an offence charged in the direct indictment be set aside or removed as a bar to the accused being tried on the direct indictment (as the case requires); and

the prosecution of the charge in the direct indictment may continue.

On an application under section 327H, if the Court of Appeal is satisfied of the matters in section 327N, the court may order that—

the previous acquittal of the accused be removed as a bar to the accused being tried for the administration of justice offence alleged to have been committed in relation to the previous acquittal; and

the prosecution of the charge in the direct indictment may continue.

In addition to subsections (1) and (2), the Court of Appeal may make any other order that it considers appropriate.

If the Court of Appeal is not satisfied that section 327L, 327M or 327N applies or that a fair trial is likely, the court must order that the charge in the direct indictment is permanently stayed.

If more than one offence is charged in the direct indictment, the Court of Appeal must make an order under subsection (1), (2) or (4) in relation to each charge.

If the Court of Appeal makes an order under subsection (1) or (2), the court may make any order for or in relation to the bail of the accused that the court considers appropriate.