397ADRetrial

397AD Retrial

[Section 397AD Amended by No. 33 of 2008, s. 4, Applied:22 Oct 2008]

(1)  An indictment for the retrial of a person that has been ordered under this Chapter may not, without the leave of the Court, be presented after the end of the period of 2 months after the order was made.

(2)  The Court may give leave only if it is satisfied that –

(a) the prosecutor has acted with reasonable expedition; and

(b) there is good and sufficient reason for the retrial despite the lapse of time since the order was made.

(3)  If, after the end of the period of 2 months after an order for the retrial of an accused person was made under this Chapter, an indictment for the retrial of the person has not been presented or has been withdrawn or quashed, the person may apply to the Court to set aside the order for the retrial and –

(a) restore the acquittal that was quashed; or

(b) restore the acquittal as a bar to the person being tried for the crime.

(4)  If the order is set aside, a further application may not be made under this Chapter for the retrial of the accused person in relation to the crime concerned.

(5)  At the retrial of an accused person, the prosecution is not entitled to refer to the fact that the Court has found that it appears that –

(a) there appears to be fresh and compelling evidence against the acquitted person; or

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