Criminal Procedure Act 2010

10.

Re-trial orders.

10.— (1) If on hearing an application under section 8 , the Court is satisfied—

( a) that there is new and compelling evidence against a person referred to in section 8(1) , and

( b) that, having had regard to the matters referred to in subsection (3), it is, in all the circumstances, in the interests of justice to do so,

the Court shall make a re-trial order quashing the person’s acquittal and directing that the person be re-tried for the relevant offence, subject to such conditions and directions (including conditions and directions as to placing a stay on the re-trial) as the Court considers necessary or expedient to ensure the fairness of the re-trial ordered under this subsection.

(2) If on hearing an application under section 9 , the Court is satisfied—

( a) there is compelling evidence against a person referred to in section 9(1)(a) , and

( b) that, having had regard to the matters referred to in subsection (3) , it is, in all the circumstances, in the interests of justice to do so,

the Court shall make a re-trial order quashing the person’s acquittal and directing that the person be re-tried for the offence concerned, subject to such conditions and directions (including conditions and directions as to placing a stay on the re-trial) as the Court considers necessary or expedient to ensure the fairness of the re-trial ordered under this subsection.

(3) In determining whether to make an order under subsection (1) or (2) , the Court shall have regard to—

( a) whether or not it is likely that any re-trial could be conducted fairly,

( b) the amount of time that has passed since the act or omission that gave rise to the indictment,

( c) the interests of any victim of the offence concerned, and

( d) any other matter which the Court considers relevant to the application.

(4) For the purposes of determining whether to make an order under subsection (1) or (2), the Court may—

( a) order the production of any document, exhibit or other thing connected with the proceedings to which the application relates,

( b) order any person who would have been a compellable witness in the proceedings to which the application relates to attend for examination and be examined before the Court, whether or not the person was called in those proceedings,

( c) receive the evidence, if tendered, of any witness, or

( d) generally make such order as may be necessary for doing justice in the application before the Court.

(5) Evidence may be admitted in a hearing under this section, whether or not it would have been admissible in earlier proceedings against the person who is the subject of the application under section 8 or 9 .

(6) Subject to subsection (1) or (2), where the Court makes a re-trial order, the re-trial shall take place as soon as practicable.

(7) In this section “document”, in relation to an application by the Director under section 9 , includes a transcript of the trial of any person referred to in section 9(1)(b) .