ACTIn ForceAct
Supreme Court Act 1933
68WProsecution must not refer to certain matters before jury
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68W Prosecution must not refer to certain matters before jury
(1) At the retrial of a person in accordance with an order under
section 68M (Court may order retrial—category A offence) or
section 68N (Court may order retrial—category B offence) the
prosecution must not mention before the jury that the court has found
that it appears that—
(a) there is fresh and compelling evidence against the person; or
(b) more likely than not, but for the commission of an
administration of justice offence, the person would have been
convicted of an offence.
(2) At the trial of a person in accordance with an order under section 68O
(Court may order trial—administration of justice offence) the
prosecution must not mention before the jury that the court has found
that it appears that there is fresh evidence against the person.