Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 68 Exceptions to double jeopardy rules[s 678B]Examples where this chapter does not apply—• in relation to a charge of the offence of murder, a person wasacquitted of murder and convicted instead of manslaughter• in relation to a charge of an offence committed with circumstancesof aggravation, a person was acquitted of the offence committedwith circumstances of aggravation and convicted instead of theoffence without any of the circumstances of aggravation(3) This section extends to a person acquitted in proceedingsoutside this State of an offence under the law of the placewhere the proceedings were held.(4) However, this section does not extend as mentioned insubsection (3) if the law of the place where the proceedingswere held does not permit the person to be retried and theapplication of this chapter to the retrial is inconsistent with theCommonwealth Constitution or a law of the Commonwealth.678BCourt may order retrial for murder—fresh and compellingevidence(1) The Court may, on the application of the director of publicprosecutions, order an acquitted person to be retried for theoffence of murder if satisfied that—(a) there is fresh and compelling evidence against theacquitted person in relation to the offence; and(b) in all the circumstances it is in the interests of justice forthe order to be made.(2) The Court may order a person to be retried for the offence ofmurder under this section even if the person had been chargedwith and acquitted of a lesser offence.(3) If the Court orders an acquitted person to be retried for theoffence of murder, the Court must quash the person’s acquittalor remove the acquittal as a bar to the person being retried.(4) On the retrial, section 17 does not apply in relation to thecharge of the offence of murder.Page 448 Current as at 1 December 2014