ACTIn ForceAct
Supreme Court Act 1933
68MCourt may order retrial—category A offence
Start here
Get a plain-English read of 68M
Turn the raw legal text into a practical explanation grounded in Supreme Court Act 1933.
68M Court may order retrial—category A offence
order a person acquitted of an offence (an acquitted person) to be
retried for a category A offence if satisfied that—
(a) there is fresh and compelling evidence against the acquitted
person in relation to the offence; and
(2) If the court orders the acquitted person to be retried, the court must
quash the person’s acquittal and remove the acquittal as a bar to the
person being retried for a category A offence.
(3) The court may, under this section, order the acquitted person to be
retried for a category A offence even if the person was acquitted of a
lesser offence.
(4) The acquitted person is entitled to appear at the hearing of an
(5) This section applies only if the acquittal that is the subject of the
application happened on or after the commencement of the Supreme
Court Amendment Act 2016, section 3.