Tasmanian Consolidated Acts

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CRIMINAL CODE 1924 - SECT 393

   Court may order retrial for a very serious crime – fresh and compelling evidence
(1)  The Court may, on the application of the Director of Public Prosecutions, order an acquitted person to be retried for a very serious crime if satisfied that –
(a) there is fresh and compelling evidence against the acquitted person in relation to the crime; 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 very serious crime under this section even if the person had been charged with and acquitted of a lesser crime.
(3)  If the Court orders an acquitted person to be retried for a very serious crime, 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 355(1)(b) does not apply in relation to the charge of the very serious crime.



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