ACTIn ForceAct
Supreme Court Act 1933
68QConditions for retrial application
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68Q Conditions for retrial application
(1) An application under section 68M (Court may order retrial—category
A offence) or section 68N (Court may order retrial—category B
offence) for the retrial of an acquitted person must not be made
unless—
(a) the acquitted person has been charged with the offence for which
the retrial is sought (the retrial offence); or
(b) a warrant has been issued for the person’s arrest in relation to
the retrial offence.
(2) The application must be made not later than 28 days after the person
is charged with the retrial offence or the warrant is issued for the
person’s arrest in relation to the retrial offence.
(3) The court may extend the period mentioned in subsection (2).