Criminal Code Act 1924
393Court may order retrial for a very serious crime – fresh and compelling evidence
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393 Court may order retrial for a very serious crime – fresh and compelling evidence
[Section 393 Inserted by No. 96 of 1994, s. 6 ][Section 393 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 393 Amended by No. 33 of 2008, s. 4, Applied:22 Oct 2008]
(1) The Court may, on the application of the Director of Public Prosecutions, order an acquitted person to be retried for a very serious crime if satisfied that –
(a) [Section 393 Amended by No. 41 of 2015, s. 4, Applied:02 Nov 2015] there is fresh and compelling evidence against the acquitted person in relation to the crime; and
(b) in all the circumstances it is in the interests of justice for the order to be made.
(2) The Court may order a person to be retried for a very serious crime under this section even if the person had been charged with and acquitted of a lesser crime.
(3) If the Court orders an acquitted person to be retried for a very serious crime, the Court must quash the person's acquittal or remove the acquittal as a bar to the person being retried.
(4) On the retrial, section 355(1)(b) does not apply in relation to the charge of the very serious crime.