397ACApplication for retrial – procedure

397AC Application for retrial – procedure

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

(1)  If a person has been acquitted, not more than one application for the retrial of the person may be made under this Chapter in relation to the acquittal.

(2)  If the acquittal results from a retrial under section 393 or 394  –

(a) an application may not be made for an order under section 393 in relation to the acquittal; but

(b) an application may be made for an order under section 394 in relation to the acquittal.

(3)  An application for the retrial of an acquitted person may not be made under this Chapter unless –

(a) the person has been charged with the crime for which the retrial is sought (the "relevant crime"); or

(b) a warrant has been issued for the person's arrest in relation to the relevant crime.

(4)  The application must be made not later than 28 days after the person is charged with the relevant crime or the warrant is issued for the person's arrest in relation to the relevant crime.

(5)  The Court may extend the period mentioned in subsection (4) for good cause.

(6)  The Court must consider the application at a hearing.

(7)  The person to whom the application relates is entitled to be present and heard at the hearing, whether or not the person is in custody.

(8)  However, if the person has been given a reasonable opportunity to be present, the application may be decided even if the person is not present.

(9)  The powers of the Court mentioned in section 409(1) may be exercised in relation to the hearing of the application.

(10)  The Court may at one hearing consider more than one application under this Chapter for a retrial (whether or not relating to the same person), but only if the crimes concerned may be tried on the same indictment.