Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 678B

Court may order retrial for murder—fresh and compelling evidence

678B Court may order retrial for murder—fresh and compelling evidence

(1) The Court may, on the application of the director of public prosecutions, order an acquitted person to be retried for the offence of murder if satisfied that—
(a) there is fresh and compelling evidence against the acquitted person in relation to the offence; and
(b) in all the circumstances it is in the interests of justice for the order to be made.
(2) The Court may order a person to be retried for the offence of murder under this section even if the person had been charged with and acquitted of a lesser offence.
(3) If the Court orders an acquitted person to be retried for the offence of murder, the Court must quash the person’s acquittal or remove the acquittal as a bar to the person being retried.
(4) On the retrial, section 17 does not apply in relation to the charge of the offence of murder.



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