Criminal Procedure Act 2011

153 Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person


Subsection (2) applies if a constable has good cause to suspect that information obtained, or likely to be obtained as a result of an investigation, will tend to implicate an acquitted person in the commission of a specified serious offence.


If this subsection applies, a constable may exercise any of the powers referred to in subsection (3) in the course of a further investigation of whether the acquitted person has committed a specified serious offence only if a constable first obtains the consent of the Solicitor-General.


The powers in respect of which subsection (2) applies are the following:


questioning the acquitted person or any other person:


searching the acquitted person or any other person:


searching any premises or vehicles:


seizing any thing:


taking fingerprints or samples:


conducting or commissioning forensic tests or analyses.


The acquitted person does not need to be notified of any proposal to seek the Solicitor-General’s consent under subsection (2) or of the fact that the consent is being, or has been, sought.


The Solicitor-General may consent under subsection (2) only if he or she has reasonable grounds to believe that there is, or that a further investigation is likely to reveal, or confirm the existence of, new and compelling evidence to implicate the acquitted person in the commission of the specified serious offence.


This section does not prevent a constable from taking any action if—


the action is necessary as a matter of urgency to prevent substantial prejudice to an investigation or to the administration of justice; and


it is not reasonably practicable to obtain the consent of the Solicitor-General; and


the Solicitor-General’s consent is sought as soon as is reasonably practicable after the action is taken.

Compare: 1961 No 43 s 378C