Australian Capital Territory Numbered Acts

SUPREME COURT AMENDMENT ACT 2016 (NO. 36 OF 2016) - SECT 10

New division 10.8

insert

Division 10.8     Investigations relating to acquittals

252L     Authorisation of police investigations—acquitted person

    (1)     This section applies to a proposed police investigation of an offence for which, under the Supreme Court Act 1933

, part 8AA, an acquitted person may be retried or tried.

Note     The Supreme Court Act 1933

, pt 8AA, allows the Supreme Court to order the retrial of a person acquitted of an offence, or the trial of the person for another offence, despite the rule against double jeopardy.

    (2)     The chief police officer, or a deputy chief police officer, may apply to the director of public prosecutions for the director's agreement to the police investigation only if satisfied that relevant evidence for an application for a retrial or trial under the Supreme Court Act 1933

, part 8AA—

        (a)     has been obtained; or

        (b)     is reasonably likely to be obtained if the investigation is carried out.

    (3)     A police officer may carry out, or authorise another police officer to carry out, an investigation of the offence only if the director of public prosecutions—

        (a)     has advised that, in the director's opinion, the acquitted person's acquittal would not be a bar to the retrial of the acquitted person in the ACT for the offence or the trial of the acquitted person for another offence; and

        (b)     agrees, by written notice, to the conduct of the investigation.

    (4)     The director of public prosecutions may agree to the investigation only if satisfied that—

        (a)     there is, or there is likely as a result of the investigation to be, sufficient new evidence to warrant the conduct of the investigation; and

        (b)     it is in the public interest for the investigation to be carried out.

    (5)     However, a police officer may carry out, or authorise the carrying out of, a police investigation to which this section applies, without the advice and written agreement of the director of public prosecutions if the police officer reasonably believes that—

        (a)     urgent investigative action is needed to prevent substantial and irrevocable prejudice to the investigation; and

        (b)     it is not reasonably practicable in the circumstances to obtain the advice and agreement of the director of public prosecutions before taking the action.

    (6)     The chief police officer, or a deputy chief police officer, must tell the director of public prosecutions, in writing, as soon as practicable, about action taken under subsection (5) and the investigation must not proceed further without the advice and written agreement of the director of public prosecutions.

    (7)     Despite any other territory law, the functions of the chief police officer or a deputy chief police officer under this section must not be delegated to any other police officer or an AFP employee.

    (8)     In this section:

"AFP employee"—see the Australian Federal Police Act 1979

(Cwlth), section 4.

"police investigation" means an investigation that involves, whether with or without the consent of the acquitted person—

        (a)     any arrest, questioning or search of the acquitted person; or

        (b)     the issue of a warrant for the arrest of the person; or

        (c)     any forensic procedure carried out on the person; or

        (d)     any search or seizure of premises or property of or occupied by the person.