Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 678F

678F Interests of justice—matters for consideration

(1) This section applies for the purpose of deciding under this chapter whether it is in the interests of justice for an order to be made for the retrial of an acquitted person.

(2) It is not in the interests of justice to make an order for the retrial of an acquitted person unless the Court is satisfied that a fair retrial is likely in the circumstances.

(3) The Court must have regard in particular to—

(a) the length of time since the acquitted person allegedly committed the offence; and

(b) whether any police officer or prosecutor has failed to act with reasonable diligence or expedition in relation to—

(i) the investigation of the commission of the offence of which the person was acquitted and the prosecution of the proceedings in which the person was acquitted; and

(ii) the application for the retrial of the acquitted person.