South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 145

145—Circumstances in which police may investigate conduct relating to offence of which person previously acquitted

        (1)         A police officer may not carry out an investigation to which this section applies, or authorise the carrying out of an investigation to which this section applies, without the written authorisation of the Director of Public Prosecutions.

        (2)         However, a police officer may carry out, or authorise the carrying out of, such an investigation without the written authority of the Director of Public Prosecutions if the police officer reasonably believes that—

            (a)         urgent action is required in order to prevent the investigation being substantially and irrevocably prejudiced; and

            (b)         it is not reasonably practicable in the circumstances to obtain the consent of the Director of Public Prosecutions before taking the action.

        (3)         The Director of Public Prosecutions must be informed, as soon as practicable, of any action taken under subsection (2) and the investigation must not proceed further without the written authorisation of the Director of Public Prosecutions.

        (4)         The Director of Public Prosecutions must not authorise an investigation to which this section applies unless—

            (a)         the Director of Public Prosecutions is satisfied that—

                  (i)         as a result of the investigation, the person under investigation is, or is likely, to be charged with—

                        (A)         an offence of which the person has previously been acquitted; or

                        (B)         an administration of justice offence that is related to the offence of which the person has previously been acquitted; and

                  (ii)         it is in the public interest for the investigation to proceed; and

            (b)         in the opinion of the Director of Public Prosecutions, the previous acquittal would not be a bar to the trial of the person for an offence that may be charged as a result of the investigation.

        (5)         This section applies to an investigation in respect of a person's conduct in relation to an offence of which the person has previously been acquitted and includes—

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

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

            (c)         a forensic procedure (within the meaning of the Criminal Law (Forensic Procedures) Act 2007 ) carried out on the person;

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

        (6)         In subsection (5), a reference to "an offence of which the person has previously been acquitted includes a reference—

            (a)         to any other offence with which the person was charged that was joined in the same information as that in which the offence of which the person was acquitted was charged; and

            (b)         to any other offence of which the person could have been convicted at the trial of the offence of which the person was acquitted.