68PInterests of justice

68P Interests of justice When determining whether an order under section 68M (Court may order retrial—category A offence), section 68N (Court may order retrial—category B offence) or section 68O (an order) is in the interests of justice, the court must take into account the following: (a) whether an acquitted person to whom the order would relate is, in the circumstances, likely to receive a fair trial; (b) the period since the offence, for which an acquitted person would be tried or retried as a result of an order, was committed; (c) whether a police officer or prosecutor has failed to act with reasonable diligence or expedition in relation to the application for an order. Procedure Division 8AA.4 Subdivision 8AA.4.1 Applications under pt 8AA