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Criminal Procedure Act 2011

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

154: 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 new evidence is found that suggests you might be guilty of a crime you were already found not guilty of."

Illustration for Criminal Procedure Act 2011

If you have been found not guilty of a serious crime, the Court of Appeal can order a new trial if new and compelling evidence is discovered. The Court of Appeal must be satisfied that this new evidence implicates you in the crime and that a new trial is in the interests of justice. You will have the chance to be heard at the hearing of the application.

When deciding if a new trial is in the interests of justice, the Court of Appeal considers things like whether all relevant evidence was presented at your first trial. They also think about how long it has been since the crime was alleged to have happened and whether the Police and the Solicitor-General acted quickly after getting new evidence. The Court of Appeal looks at whether a new trial can be fair and considers the interests of any victim of the crime.

The Solicitor-General must serve you with a copy of the application for a new trial and give you notice that it has been filed. You are entitled to be heard at the hearing of the application, which must be at least 10 working days after the notice is filed. If the application is granted and you are found not guilty again, the Solicitor-General cannot apply for another retrial for the same crime.

The Court of Appeal can ignore any evidence that was obtained unfairly, as stated in section 153. The Solicitor-General can only apply for a new trial if they believe the new evidence implicates you in the crime and that a new trial is in the interests of justice. This rule does not apply if you were found not guilty before 26 June 2008.

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Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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155: Orders to safeguard fairness of retrial, or

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

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

  1. The Court of Appeal may, on the application of the Solicitor-General, order that an acquitted person be retried for a specified serious offence, if the Court of Appeal is satisfied that—

  2. there is new and compelling evidence to implicate the acquitted person in the commission of the specified serious offence; and
    1. a further trial of the acquitted person is in the interests of justice.

      1. In determining whether a retrial of the acquitted person is in the interests of justice, the Court of Appeal must have particular regard to the following matters:

      2. whether before or during the proceedings that led to the acquittal of the acquitted person for the specified serious offence all reasonable efforts were made to obtain and present all relevant evidence then available:
        1. the length of time since the acquitted person is alleged to have committed the specified serious offence:
          1. whether the Police and the Solicitor-General acted with reasonable speed in making the application after obtaining new evidence against the acquitted person:
            1. the interests of any victim of the specified serious offence alleged to have been committed:
              1. whether the retrial for which leave is sought can be conducted fairly.

                1. The Court of Appeal may, if it thinks it just to do so, exclude from its consideration any evidence against the acquitted person that has been obtained in contravention of section 153.

                2. The Solicitor-General may apply under this section only if satisfied of the matters stated in subsection (1)(a) and (b).

                3. If the Solicitor-General makes an application under this section,—

                4. the Solicitor-General must take all reasonable steps to serve a copy of the application on the acquitted person, and must file in the Court of Appeal 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 Court of Appeal under paragraph (a):
                    1. if the application is granted, and the acquitted person is again acquitted, the Solicitor-General may not make any further application for an order for the retrial of the person for the specified serious offence that was the subject of the application.

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

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