New Zealand Legislation: Acts

378F Effect of order for retrial

• (1) If an order for a retrial is granted under section 378A or 378D,—

  • (a) the order of the court must be certified by the Judge or, as the case requires, the presiding Judge to the Registrar of the court before which the person was tried, and the order must be carried into effect:

  • (b) the acquitted person may be arrested or summoned to appear before a court:

  • (c) the retrial must be conducted in the same manner as a retrial ordered following a successful appeal by a defendant against conviction:

  • (d) the provisions of any enactment that enable a defendant who successfully appeals against conviction but in respect of whom a retrial is ordered, to be arrested, summoned to appear, remanded in custody, or released on bail, pending his or her retrial, apply with any necessary modifications to the acquitted person.

  (2) Subsection (1) overrides sections 357 to 359 and any other enactment or rule of law.

  (3) In this section, retrial includes, in relation to summary proceedings that led to an acquittal, a rehearing of those proceedings.

  Section 378F: inserted, on 26 June 2008, by section 6 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).