New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 106

106 Retrial

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

(2) The Court must not give leave unless it is satisfied that--

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

(b) there is good and sufficient cause 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person was made under this Division, an indictment for the retrial of the person has not been presented or has been withdrawn or quashed, the person may apply to the Court of Criminal Appeal to set aside the order for the retrial and--

(a) to restore the acquittal that was quashed, or

(b) to restore the acquittal as a bar to the person being tried for the offence,

as the case requires.

(4) If the order is set aside, a further application cannot be made under this Division for the retrial of the accused person in respect of the offence concerned.

(5) At the retrial of an accused person, the prosecution is not entitled to refer to the fact that the Court of Criminal Appeal has found that it appears that there is fresh and compelling evidence against the acquitted person or, as the case requires, that it is more likely than not that, but for the commission of the administration of justice offence, the accused person would have been convicted.