CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 109
Authorisation of police investigations
CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 109
Authorisation of police investigations
109 Authorisation of police investigations
(1) This section applies to any police investigation of the commission of an
offence by an acquitted person in connection with the possible retrial of the
person for the offence under Division 2.
(2) For the purposes of this
section, a police investigation is an investigation that involves--
(a) any
arrest, questioning or search of the acquitted person (or the issue of a
warrant for the arrest of the person), or
(b) any forensic procedure carried
out on the person or any search or seizure of premises or property of or
occupied by the person,
whether with or without his or her consent.
(3) A
police officer is not to carry out or authorise a police investigation to
which this section applies unless the Director of Public Prosecutions--
(a)
has advised that in his or her opinion the acquittal would not be a bar to the
trial of the acquitted person in this State for the offence, or
(b) has given
his or her written consent to the police investigation on the application in
writing of the Commissioner or a Deputy Commissioner of Police.
(4) The
Commissioner or a Deputy Commissioner of Police may make an application for
the police investigation only if satisfied that relevant evidence for the
purposes of an application for a retrial under Division 2 has been obtained or
is likely to be obtained as a result of the investigation.
(5) The Director
of Public Prosecutions may not give his or her consent to the police
investigation unless satisfied that--
(a) there is, or there is likely as a
result of the investigation to be, sufficient new evidence to warrant the
conduct of the investigation, and
(b) it is in the public interest for the
investigation to proceed.
