397Interests of justice – matters for consideration

397 Interests of justice – matters for consideration

[Section 397 Repealed by No. 77 of 1968, s. 7 ]

(1)  This section applies for the purpose of deciding under this Chapter whether it is in the interests of justice for an order to be made for the retrial of, or prosecution of an administration of justice crime against, an acquitted person.

(2)  It is not in the interests of justice to make an order for the retrial of, or prosecution of an administration of justice crime against, an acquitted person unless the Court is satisfied that a fair retrial or trial is likely in the circumstances.

(3)  The Court must have regard in particular to –

(a) the length of time since the acquitted person allegedly committed the crime; and

(b) whether any police officer or prosecutor has failed to act with reasonable diligence or expedition in relation to –

(i) the investigation of the commission of the crime of which the person was acquitted and the prosecution of the proceedings in which the person was acquitted; and

(ii) the application for the retrial of, or prosecution of an administration of justice crime against, the acquitted person.