392Circumstances in which person may be charged with administration of justice crime relating to previous acquittal

392 Circumstances in which person may be charged with administration of justice crime relating to previous acquittal

[Section 392 Substituted by No. 73 of 1975, s. 34 and Sched. 1 ][Section 392 Amended by No. 13 of 1990, s. 4 ][Section 392 Amended by No. 96 of 1994, s. 5 ][Section 392 Amended by No. 17 of 1996, Applied:20 May 1998] [Section 392 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 392 Amended by No. 33 of 2008, s. 4, Applied:22 Oct 2008]

(1)  The Court may, on application by the Director of Public Prosecutions, order a person who has been acquitted of a crime to be tried for an administration of justice crime that is related to the crime of which the person has been acquitted if the Court is satisfied that –

(a) there appears to be fresh evidence against the acquitted person in relation to the administration of justice crime; and

(b) in all the circumstances it is in the interests of justice for the order to be made.

(2)  If the Court orders a person to be tried for an administration of justice crime that is related to a crime of which the person has been acquitted, the Court must quash the person's acquittal or remove the acquittal as a bar to the person being tried.

(3)  On the trial of a person for an administration of justice crime, section 355(1)(b) does not apply in relation to the charge of the administration of justice crime.

(4)  For the purposes of this section, evidence is "fresh" if –

(a) it was not adduced in the proceedings in which the person was acquitted; and

(b) it could not have been adduced in those proceedings with the exercise of reasonable diligence.