397AEAuthorisation of police investigations

397AE Authorisation of police investigations

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

(1)  This section applies to any police investigation of the commission of a crime by an acquitted person in relation to the possible retrial of the person for the crime or prosecution of the person for an administration of justice crime under this Chapter.

(2)  For the purposes of this section, a police investigation is an investigation that involves, whether with or without the consent of the acquitted person –

(a) any arrest, questioning or search of the acquitted person, or the issue of a warrant for the arrest of the person; or

(b) any forensic procedure carried out on the person or any search or seizure of premises or property of or occupied by the person.

(3)  A police officer may not carry out or authorise a police investigation to which this section applies unless the Director of Public Prosecutions –

(a) has advised that, in the opinion of the Director of Public Prosecutions, the acquittal would not be a bar to the retrial of the acquitted person in this State for the crime or the trial of an acquitted person for an administration of justice crime; and

(b) has given written consent to the police investigation on the application in writing of the Commissioner of Police.

(4)  However, a commissioned police officer may authorise the carrying out of a police investigation to which this section applies, without the advice and written consent of the Director of Public Prosecutions under subsection (3)(a) or (b) , if the commissioned police officer reasonably believes that –

(a) urgent action is required in order to prevent the investigation being substantially and irrevocably prejudiced; and

(b) it is not reasonably practicable in the circumstances to obtain the consent of the Director of Public Prosecutions before taking the action.

(5)  The Director of Public Prosecutions must be informed, as soon as practicable, of any action taken under and the investigation must not proceed further without the advice and written consent of the Director of Public Prosecutions under or .