New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 108

108 Appeals not affecting existing acquittal

(1) This section applies to the acquittal of a person--

(a) in any proceedings tried on indictment (whether in respect of the whole or part of the indictment), or

(b) in any proceedings tried by the Supreme Court or the Land and Environment Court in its summary jurisdiction in which the Crown was a party.

(2) The Attorney General or the Director of Public Prosecutions may submit for determination by the Court of Criminal Appeal any question of law arising at or in connection with the trial (together with a statement of the circumstances out of which the question arose). The Court is to hear and determine any such question.

(3) The determination by the Court of Criminal Appeal of the question submitted does not in any way affect or invalidate the verdict of acquittal or any other decision given at the trial.

(4) Any person charged at the trial or affected by the decision is entitled to be heard before the Court of Criminal Appeal on the determination of the question submitted. If the person does not propose to be represented, the Attorney General or Director of Public Prosecutions is to instruct (and pay the reasonable costs of) counsel to argue the question before the Court on behalf of the person.

(5) The hearing and determination of any question under this section is to be held in camera.

(6) The following is not to be published--

(a) any report of a submission made under subsection (2),

(b) any report of proceedings under this section that discloses the identity of the person charged at the trial or affected by the decision given at the trial.

Any such publication is punishable as a contempt of the Supreme Court.