Prohibition on making certain references in new trial
327R Prohibition on making certain references in new trial
S. 327R inserted by No. 81/2011 s. 17.
At a new trial that has been authorised under this Chapter, the prosecution must not refer to the fact that the Court of Appeal has been satisfied that—
there is fresh evidence, or fresh and compelling evidence, against the accused in relation to the offence charged; or
it is more likely than not that, had it not been for the commission of an administration of justice offence, the accused would have been convicted of the offence charged at the earlier trial.
Note
Section 18 of the Supreme Court Act 1986 permits the court to make an order prohibiting the publication of the whole or part of a proceeding.
This Act’s bill:Explanatory memorandumSecond reading speech
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