Crimes Act 1961

Procedure - Retrials of previously acquitted persons

378D: Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered

You could also call this:

“The Court of Appeal can order a new trial if they find strong new proof about a case that was already decided.”

You should know that this part of the law has been removed. It used to be about when the Court of Appeal could order a new trial if new and strong evidence was found. This was part of the rules about trying people again who had been found not guilty before. The law that took this part out came into effect on 1 July 2013. If you want to know more about retrials or new evidence in court cases, you’ll need to look at other parts of the law that are still in use.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1399247.

Topics:
Crime and justice > Courts and legal help
Crime and justice > Criminal law

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378C: Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person, or

“The law says you need to get permission from a special lawyer before looking into someone who was found not guilty before.”


Next

378E: Orders to safeguard fairness of retrial, or

“Rules to make sure a second trial is fair for someone who was found not guilty before”

Part 12 Procedure
Retrials of previously acquitted persons

378DOrder for retrial may be granted by Court of Appeal if new and compelling evidence discovered (Repealed)

    Notes
    • Section 378D: repealed, on , by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).