CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 99 Application of Division

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 99

99 Application of Division

(1) This Division applies where--

(a) a person has been acquitted of an offence, and

(b) according to the rules of law relating to double jeopardy (including rules based on abuse of process), the person is thereby precluded or may thereby be precluded from being retried for the same offence, or from being tried for some other offence, in proceedings in this State.

Note : Under section 100 a person to whom this Division applies can only be retried for a life sentence offence (in the case of fresh or compelling evidence). Under section 101 a person to whom this Division applies can only be retried for a 15 years or more sentence offence (in the case of a tainted acquittal).

(2) This section extends to a person acquitted in proceedings outside this State of an offence under the law of the place where the proceedings were held. However, this section does not so extend if the law of that place does not permit that person to be retried and the application of this Division to such a retrial is inconsistent with the Commonwealth Constitution or a law of the Commonwealth.

(3) This section extends to a person acquitted before the commencement of this Division.