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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Retrial of previously acquitted person

151: Order for retrial may be granted if acquittal tainted

You could also call this:

"You can be retried if your 'not guilty' verdict was unfair because someone cheated the court system."

Illustration for Criminal Procedure Act 2011

If you have been found not guilty of a crime, you might have to go to court again. This can happen if you did something to interfere with the court case, like lying under oath, which is called an administration of justice offence. The court will decide if you should be retried, and they will think about if it's fair to do so.

The court will look at things like how long ago the crime happened, and if the police acted quickly when they found out about the administration of justice offence. They will also think about the person who was affected by the crime, and if it's possible to have a fair retrial. If the court decides you should be retried, you will get to go to court and say what you think.

You have to be told about the retrial, and you have the right to go to the court hearing. The court hearing has to happen at least 10 working days after you are told about it. If you are found not guilty again, the police can't ask for another retrial for the same crime.

This rule does not apply if you were found not guilty before 26 June 2008. The court will follow the rules in the Crimes Act 1961 and the Sentencing Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360243.

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Part 5General provisions
Conduct of proceeding: Retrial of previously acquitted person

151Order for retrial may be granted if acquittal tainted

  1. In this section,—

    acquittal—

    1. includes—
      1. the dismissal of a charge under section 147; and
        1. the setting aside of a conviction on appeal, without an order for a retrial; but
        2. does not include a discharge without conviction under section 106 of the Sentencing Act 2002

          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 of the Crimes Act 1961

              prosecution means—

              1. a prosecutor acting with the prior consent of the Solicitor-General; or
                1. the Solicitor-General

                  specified offence, in relation to an acquitted person,—

                  1. means an offence that is punishable by a term of imprisonment and for which the person has previously been acquitted; and
                    1. 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, order that an acquitted person be retried for a specified offence if the High Court is satisfied that—

                    3. 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
                      1. no appeal or application in relation to the administration of justice offence is pending before any court; and
                        1. the retrial is in the interests of justice.

                          1. In determining whether the retrial sought by the prosecution is in the interests of justice, the High Court must have particular regard to the following matters:

                          2. the length of time since the acquitted person is alleged to have committed the specified offence:
                            1. whether the prosecution acted with reasonable speed since discovering evidence of the administration of justice offence:
                              1. the interests of any victim of the specified offence alleged to have been committed:
                                1. whether the retrial for which leave is sought can be conducted fairly.

                                  1. If the prosecution makes an application under this section,—

                                  2. 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 High 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:
                                    1. the acquitted person is entitled to be heard at the hearing of the application, which must be held not less than 10 working days after notice is filed in the office of the High Court under paragraph (a):
                                      1. 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.

                                        1. This section does not apply if the acquitted person was acquitted of the specified offence before 26 June 2008.

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