394Court may order retrial for a serious crime – tainted acquittal

394 Court may order retrial for a serious crime – tainted acquittal

[Section 394 Inserted by No. 96 of 1994, s. 6 ][Section 394 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 394 Amended by No. 33 of 2008, s. 4, Applied:22 Oct 2008]

(1)  The Court may, on the application of the Director of Public Prosecutions, order an acquitted person to be retried for a serious crime if satisfied that –

(a) the acquittal is a tainted acquittal; and

(b) in all the circumstances it is in the interests of justice for the order to be made.

(2)  The Court may order a person to be retried for a serious crime under this section even if the person had been charged with and acquitted of a lesser crime.

(3)  If the Court orders an acquitted person to be retried for a serious crime, the Court must quash the person's acquittal or remove the acquittal as a bar to the person being retried.

(4)  On the retrial, section 355(1)(b) does not apply in relation to the charge of the serious crime.