Criminal Procedure Act 2010

Re-trial orders.

10.— (1) If on hearing an application under section 8 , the Court is satisfied—

(a) that there is new and compelling evidence against a person referred to in section 8 (1), and

(b) that, having had regard to the matters referred to in subsection (3), it is, in all the circumstances, in the interests of justice to do so,

the Court shall make a re-trial order quashing the person’s acquittal and directing that the person be re-tried for the relevant offence, subject to such conditions and directions (including conditions and directions as to placing a stay on the re-trial) as the Court considers necessary or expedient to ensure the fairness of the re-trial ordered under this subsection.

(2) If on hearing an application under section 9 , the Court is satisfied—

(a) there is compelling evidence against a person referred to in section 9 (1)(a), and

(b) that, having had regard to the matters referred to in subsection (3), it is, in all the circumstances, in the interests of justice to do so,

the Court shall make a re-trial order quashing the person’s acquittal and directing that the person be re-tried for the offence concerned, subject to such conditions and directions (including conditions and directions as to placing a stay on the re-trial) as the Court considers necessary or expedient to ensure the fairness of the re-trial ordered under this subsection.

(3) In determining whether to make an order under subsection (1) or (2), the Court shall have regard to—

(a) whether or not it is likely that any re-trial could be conducted fairly,

(b) the amount of time that has passed since the act or omission that gave rise to the indictment,

(c) the interests of any victim of the offence concerned, and

(d) any other matter which the Court considers relevant to the application.

(4) For the purposes of determining whether to make an order under subsection (1) or (2), the Court may—

(a) order the production of any document, exhibit or other thing connected with the proceedings to which the application relates,

(b) order any person who would have been a compellable witness in the proceedings to which the application relates to attend for examination and be examined before the Court, whether or not the person was called in those proceedings,

(c) receive the evidence, if tendered, of any witness, or

(d) generally make such order as may be necessary for doing justice in the application before the Court.

(5) Evidence may be admitted in a hearing under this section, whether or not it would have been admissible in earlier proceedings against the person who is the subject of the application under section 8 or 9 .

(6) Subject to subsection (1) or (2), where the Court makes a re-trial order, the re-trial shall take place as soon as practicable.

(7) In this section “document”, in relation to an application by the Director under section 9 , includes a transcript of the trial of any person referred to in section 9 (1)(b).