Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 8 ProcedureChapter 68 Exceptions to double jeopardy rules[s 678I](b)more likely than not, but for the commission of theadministration of justice offence, the accused personwould have been convicted.678IAuthorisation of police investigations(1) This section applies to any police investigation of thecommission of an offence by an acquitted person in relation tothe possible retrial of the person for the offence under thischapter.(2) For the purposes of this section, a police investigation is aninvestigation that involves, whether with or without theconsent of the acquitted person—(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 anysearch or seizure of premises or property of or occupiedby the person.(3) A police officer may carry out or authorise a policeinvestigation to which this section applies only if the directorof public prosecutions—(a) has advised that, in the opinion of the director of publicprosecutions, the acquittal would not be a bar to theretrial of the acquitted person in this State for theoffence; or(b) has given written consent to the police investigation onthe application in writing of the commissioner, or adeputy commissioner, of the police service.(4) The commissioner, or a deputy commissioner, of the policeservice may make an application for the police investigationonly if satisfied that relevant evidence for the purposes of anapplication for a retrial under this chapter—(a) has been obtained; or(b) is likely to be obtained as a result of the investigation.Page 454 Current as at 1 December 2014