South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 149

149—Prohibition on making certain references in retrial

At the retrial of a person for an offence of which the person had previously been acquitted by order of the Court of Appeal under Division 3, the prosecution must not refer to the fact that, before making the order for the retrial of the offence, the Court had to be satisfied that—

            (a)         the acquittal was tainted; or

            (b)         there is fresh and compelling evidence against the acquitted person in relation to the offence,

(as the case requires).



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