Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 68 Exceptions to double jeopardy rules(ii)[s 678F]if the application is granted—when the appeal isdecided.Note—Section 668D provides the right of appeal.(4) If the conviction for the administration of justice offence is,on appeal, quashed after the Court has ordered the acquittedperson to be retried under this chapter because of theconviction, the person may apply to the Court to set aside theorder and—(a) restore the acquittal that was quashed; or(b) restore the acquittal as a bar to the person being retriedfor the offence.678FInterests of justice—matters for consideration(1) This section applies for the purpose of deciding under thischapter whether it is in the interests of justice for an order tobe made for the retrial of an acquitted person.(2) It is not in the interests of justice to make an order for theretrial of an acquitted person unless the Court is satisfied thata fair retrial is likely in the circumstances.(3) The Court must have regard in particular to—(a) the length of time since the acquitted person allegedlycommitted the offence; and(b) whether any police officer or prosecutor has failed to actwith reasonable diligence or expedition in relation to—(i) the investigation of the commission of the offenceof which the person was acquitted and theprosecution of the proceedings in which the personwas acquitted; and(ii) the application for the retrial of the acquittedperson.Current as at 1 December 2014 Page 451