Heading: inserted, on 26 June 2008, by section 6 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).
(1) In this section,—
acquittal—
(a) includes—
(i) the dismissal of an information on the merits; and
(ii) a discharge under section 347 or 369A; and
(iii) the setting aside of a conviction on appeal, without an order for a retrial; and
(iv) the quashing of a count under section 345(4) or (5); but
(b) does not include a discharge without conviction
acquitted person means a person who has previously been acquitted of a specified offence, and who has, since that acquittal, been convicted of an administration of justice offence
administration of justice offence means an offence against any of sections 101, 104, 109, 113, 116, and 117
prosecution means—
(a) an informant acting with the prior consent of the Solicitor-General; or
(b) the Solicitor-General
retrial includes, in relation to any summary proceedings that led to an acquittal, a rehearing of those proceedings
specified offence, in relation to an acquitted person,—
(a) means an offence that is punishable by a term of imprisonment and for which the person has previously been acquitted; and
(b) includes any offence for which the person may not be tried because of that acquittal.
(2) The High Court may, on the application of the prosecution made in accordance with rules of court, order that an acquitted person be retried for a specified offence, if the High Court is satisfied that—
(a) it is more likely than not that the commission of the administration of justice offence was a significant contributing factor in the person's acquittal for the specified offence; and
(b) no appeal or application in relation to the administration of justice offence is pending before any court; and
(c) the retrial is in the interests of justice.
(3) In determining whether the retrial sought by the prosecution is in the interests of justice, the High Court is to have particular regard to the following matters:
(a) the length of time since the acquitted person is alleged to have committed the specified offence:
(b) whether the prosecution acted with reasonable speed since discovering evidence of the administration of justice offence:
(c) the interests of any victim of the specified offence alleged to have been committed:
(d) whether the retrial for which leave is sought can be conducted fairly.
(4) If the prosecution makes an application under this section,—
(a) the prosecution must take all reasonable steps to serve a copy of the application on the acquitted person, and must file in the office of the court notice that the copy has been served or that a copy has not been served but all reasonable steps to do so have been taken:
(b) the defendant is entitled to be heard at the hearing of the application, which must not be held less than 14 days after notice is filed in the office of the court under paragraph (a):
(c) if the application is granted, and the acquitted person is again acquitted at the retrial, the prosecution may not make any further application for an order for the retrial of the acquitted person for the specified offence that was the subject of the application.
(5) This section does not apply if the acquitted person was acquitted of the specified offence before the commencement of this section.
Section 378A: inserted, on 26 June 2008, by section 6 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).