327ECircumstances in which police may reinvestigate offence after acquittal

327E Circumstances in which police may reinvestigate offence after acquittal

an offence of which a person has previously been acquitted includes—

(a) any other offence charged against the person in the same indictment as the charge for the offence of which the person was acquitted; and

(b) any other offence of which the person could have been convicted at the trial of the offence of which the person was acquitted;

reinvestigation, in relation to an offence of which a person has previously been acquitted, means—

(a) the questioning and search of the person; or

(b) the conduct of a forensic procedure on the person and the taking of the person's fingerprints in accordance with the Crimes Act 1958; or

(c) the search of property or premises owned or occupied by the person and the seizure of any thing found in or on the property or premises, including any vehicle; or

(d) the use of surveillance devices in accordance with the Surveillance Devices Act 1999; or

(e) the doing of anything authorised by a warrant issued under Part 2-5 of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;

S. 327E(1) def. of senior member substituted as senior police officer No. 37/2014 s. 10(Sch. item 41.6(a)).

senior police officer means a police officer of or above the rank of superintendant.

S. 327E(2) amended by No. 37/2014 s. 10(Sch. item 41.6(b)).

(2) Subject to subsections (5), (6) and (7), a police officer must not conduct, or authorise the conduct of, a reinvestigation of an offence of which a person has previously been acquitted unless the DPP has given written authorisation.

(3) Only the Chief Commissioner of Police, a Deputy Commissioner or an Assistant Commissioner may apply to the DPP for an authorisation under subsection (2).

(4) The DPP must not authorise a reinvestigation referred to in subsection (2) unless—

(a) the DPP is satisfied that—

(i) there is, or as a result of the reinvestigation there is likely to be, sufficient new evidence of the commission of the offence by a person to warrant the conduct of the reinvestigation; and

(ii) it is in the public interest for the reinvestigation to proceed; and

(b) in the DPP's opinion, the previous acquittal would not be a bar to the trial of the person for an offence that may be charged as a result of the reinvestigation.