Australian Capital Territory Current Acts

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HUMAN RIGHTS ACT 2004 - SECT 23

Compensation for wrongful conviction

    (1)     This section applies if—

        (a)     anyone is convicted by a final decision of a criminal offence; and

        (b)     the person suffers punishment because of the conviction; and

        (c)     the conviction is reversed, or they are pardoned, on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice.

    (2)     If this section applies, the person has the right to be compensated according to law.

    (3)     However, subsection (2) does not apply if it is proved that the nondisclosure of the unknown fact in time is completely or partly the person's own doing.



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