397ABProsecution for administration of justice crime

397AB Prosecution for administration of justice crime

[Section 397AB Amended by No. 33 of 2008, s. 4, Applied:22 Oct 2008]

(1)  An indictment for the trial of a person in respect of whom the Court has made an order under section 392 may not, without leave of the Court, be presented after the end of the period of 2 months after the order was made.

(2)  The Court may give leave only if satisfied that –

(a) the prosecutor has acted with reasonable expedition; and

(b) there is good and sufficient reason why the late presentation of the indictment should be allowed.

(3)  If, after the end of the period of 2 months after an order for the trial of an accused person was made under section 392 , an indictment for the trial of the person has not been presented or has been withdrawn or quashed, the person may apply to the Court to set aside the order for the trial and –

(a) restore the acquittal that was quashed; or

(b) restore the acquittal as a bar to the person being tried for the crime.

(4)  If the order is set aside, a further application may not be made under section 392 for the trial of the accused person in relation to the administration of justice crime.

(5)  At the trial of a person for an administration of justice crime, the prosecution is not entitled to refer to the fact that the Court has found that there appears to be fresh evidence against that person.