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Criminal Procedure Act 2011

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

156: Effect of order for retrial

You could also call this:

"What happens when a court orders a new trial"

Illustration for Criminal Procedure Act 2011

If a court orders a retrial under section 151 or 154, you need to know what happens next. The court's order must be sent to the court where the person was first tried, and the order must be carried out. The court can then issue a summons for the person to attend court, or a warrant to arrest the person and bring them to court. When the person appears in court, the case will proceed as if it had been adjourned, following the rules set out in section 168(1).

The retrial will be conducted in the same way as a retrial that happens after a defendant successfully appeals a conviction. This means that some other rules, like sections 45 to 48, will not apply in this situation. The rules for the retrial will override any other laws or rules that might normally apply.

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

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

156Effect of order for retrial

  1. If an order for a retrial is granted under section 151 or 154,—

  2. the order of the court must be certified by the Judge or, as the case requires, the presiding Judge to the Registrar of the court before which the person was tried, and the order must be carried into effect:
    1. the court that orders the retrial or the court before which the person was tried may—
      1. issue a summons to the person to attend at the court before which the person was tried (and the provisions of this Act apply as if it were a summons to attend a hearing); or
        1. issue a warrant to arrest the person and bring him or her before a court (and the provisions of this Act apply as if it were a warrant to arrest a defendant):
        2. if the person appears in court in accordance with a summons or is brought before a court under an arrest warrant, section 168(1) applies with any necessary modifications as if the proceeding was adjourned:
          1. the retrial must be conducted in the same manner as a retrial ordered following a successful appeal by a defendant against conviction.

            1. Subsection (1) overrides sections 45 to 48 and any other enactment or rule of law.

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