Criminal Procedure Act 2011

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

155: Orders to safeguard fairness of retrial

You could also call this:

"Making a retrial fair if you're tried again for a crime you were already found not guilty of"

Illustration for Criminal Procedure Act 2011

If you are retried for a crime you were already found not guilty of, the court can make an order for a retrial under section 151 or 154. The court can add conditions to this order that they think are necessary to make the retrial fair. The court can also give other directions about how the retrial should be conducted.

You can find more information about this in section 151 or 154, which you can read by following the links to section 151 or 154. This is similar to a law that was made in 1961, which you can read about by following the link to s 378E. The court's main goal is to make sure the retrial 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=DLM3360265.


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

"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."


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156: Effect of order for retrial, or

"What happens when a court orders a new trial"

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

155Orders to safeguard fairness of retrial

  1. An order for a retrial under section 151 or 154 may be granted subject to—

  2. any conditions that the court considers are required to safeguard the fairness of the retrial:
    1. any other directions as to the conduct of the retrial.
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