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Criminal Procedure Act 2011

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

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

You could also call this:

"Police need a special okay to investigate someone again after they've been found not guilty."

Illustration for Criminal Procedure Act 2011

If you are a person who has been found not guilty of a crime, the police might want to investigate you again. They can only do certain things, like question you or search you, if they get permission from the Solicitor-General first. The police need to have a good reason to think you might have done something wrong.

The Solicitor-General will only give permission if they think there is new and important evidence that shows you might have committed a serious crime. You do not have to be told that the police are asking for this permission. The police can take action without permission if it is an emergency and they cannot get permission in time, but they must ask for permission as soon as they can. You can find more information about this by looking at the Criminal Procedure Act.

The police have to follow rules when they are investigating someone who has already been found not guilty. They need to make sure they are doing the right thing and following the law. This helps keep everyone safe and makes sure the law is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360263.

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"What some important law words mean in sections 153 and 154"

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154: Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered, or

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

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

  1. 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.

  2. 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.

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

  4. questioning the acquitted person or any other person:
    1. searching the acquitted person or any other person:
      1. searching any premises or vehicles:
        1. seizing any thing:
          1. taking fingerprints or samples:
            1. conducting or commissioning forensic tests or analyses.

              1. 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.

              2. 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.

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

              4. the action is necessary as a matter of urgency to prevent substantial prejudice to an investigation or to the administration of justice; and
                1. it is not reasonably practicable to obtain the consent of the Solicitor-General; and
                  1. the Solicitor-General's consent is sought as soon as is reasonably practicable after the action is taken.

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