NSWIn ForceAct
Crimes (Appeal and Review) Act 2001
101Court of Criminal Appeal may order retrial—tainted acquittals
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#### 101 Court of Criminal Appeal may order retrial—tainted acquittals
101 Court of Criminal Appeal may order retrial—tainted acquittals
> > (1) The Court of Criminal Appeal may, on the application of the Director of Public Prosecutions, order an acquitted person to be retried for a 15 years or more sentence offence if satisfied that—
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> > > (a) the acquittal is a tainted acquittal, and
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> > > (b) in all the circumstances it is in the interests of justice for the order to be made.
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> > (2) If the Court of Criminal Appeal orders an acquitted person to be retried, the Court is to quash the person’s acquittal or remove the acquittal as a bar to the person being retried for the offence (as the case requires).
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> > (3) The Court of Criminal Appeal may order a person to be retried for a 15 years or more sentence offence under this section even if the person had been charged with and acquitted of a lesser offence.
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> **ss 99–104:** Ins 2006 No 69, Sch 1 \[2\].