Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 678C

678C Court may order retrial for 25 year offence—tainted acquittal

(1) The Court may, on the application of the director of public prosecutions, order an acquitted person to be retried for a 25 year offence if satisfied that—

(a) the acquittal is a tainted acquittal; and

(b) in all the circumstances it is in the interests of justice for the order to be made.

(2) The Court may order a person to be retried for a 25 year offence under this section even if the person had been charged with and acquitted of another offence of which the person might have been convicted as an alternative to the 25 year offence.

(3) If the Court orders an acquitted person to be retried for a 25 year offence, the Court must quash the person’s acquittal or remove the acquittal as a bar to the person being retried.

(4) On the retrial, section 17 does not apply in relation to the charge of the 25 year offence.