Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 678C
Court may order retrial for 25 year offence—tainted acquittal
678C Court may order retrial for 25 year offence—tainted acquittal
(1) The Court may, on the application of the director of public prosecutions,
order an acquitted person to be retried for a 25 year offence if satisfied
(a) the acquittal is a tainted acquittal; and
(b) in all the
circumstances it is in the interests of justice for the order to be made.
The Court may order a person to be retried for a 25 year offence under this
section even if the person had been charged with and acquitted of a lesser
(3) If the Court orders an acquitted person to be retried for a 25
year offence, 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 25 year offence.
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