ACTIn ForceAct
Supreme Court Act 1933
68OCourt may order trial—administration of justice offence
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68O Court may order trial—administration of justice offence
order a person who has been acquitted of an indictable offence
(an acquitted person) to be tried for an administration of justice
offence that is related to the proceeding for the indictable offence, if
satisfied that—
(a) there is fresh evidence against the acquitted person; and
(b) the evidence is relevant to the administration of justice offence;
and
(c) it is in the interests of justice for the order to be made.
(2) If the court orders the acquitted person to be tried for the
administration of justice offence, the court must quash the person’s
acquittal for the indictable offence and remove the acquittal for the
indictable offence as a bar to the person being tried for the
administration of justice offence.
(3) The acquitted person is entitled to appear at the hearing of an
(4) This section applies whether the acquittal that is the subject of the
application happened before, on or after the commencement of the
Supreme Court Amendment Act 2016, section 3.