396Tainted acquittal – meaning

396 Tainted acquittal – meaning

[Section 396 Inserted by No. 96 of 1994, s. 6 ][Section 396 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 396 Amended by No. 33 of 2008, s. 4, Applied:22 Oct 2008]

(1)  This section applies for the purpose of deciding under this Chapter whether the acquittal of an accused person is a tainted acquittal.

(2)  An acquittal is "tainted" if –

(a) the accused person or another person has been convicted in this State or elsewhere of an administration of justice crime in relation to the proceedings in which the accused person was acquitted; and

(b) it is more likely than not that, but for the commission of the administration of justice crime, the accused person would have been convicted.

(3)  An acquittal is not a tainted acquittal during any of the following periods:

(a) the period provided under section 407 for the person convicted of the administration of justice crime (the "convicted person") to appeal, or obtain leave to appeal, from the conviction;

(b) if, within the period mentioned in paragraph (a) , the convicted person gives notice of appeal, the period ending when the appeal is decided;

(c) if, within the period mentioned in paragraph (a) , the convicted person gives notice of an application for leave to appeal, the period ending –

(i) if the application is refused, when the decision refusing the application is made; or

(ii) if the application is granted, when the appeal is decided.

(4)  If the conviction for the administration of justice crime is, on appeal, quashed after the Court has ordered the acquitted person to be retried under this Chapter because of the conviction, the person may apply to the Court to set aside the order and –