CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 104
Interests of justice--matters for consideration
CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 104
Interests of justice--matters for consideration
104 Interests of justice--matters for consideration
(1) This section applies for the purpose of determining under this Division
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 of
Criminal Appeal is satisfied that a fair retrial is likely in the
circumstances.
(3) The Court is to 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 connection with the application for the retrial of
the acquitted person.
