Victorian Current Acts Victorian Current Acts(1) In this section—
"an offence of which a person has previously been acquitted" includes—
(a) any other offence charged against the person in the same indictment as the charge for the offence of which the person was acquitted; and
(b) any other offence of which the person could have been convicted at the trial of the offence of which the person was acquitted;
"reinvestigation", in relation to an offence of which a person has previously been acquitted, means—
(a) the questioning and search of the person; or
(b) the conduct of a forensic procedure on the person and the taking of the person's fingerprints in accordance with the Crimes Act 1958 ; or
(c) the search of property or premises owned or occupied by the person and the seizure of any thing found in or on the property or premises, including any vehicle; or
(d) the use of surveillance devices in accordance with the Surveillance Devices Act 1999 ; or
(e) the doing of anything authorised by a warrant issued under Part 2-5 of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;
S. 327E(1) def. of senior member substituted as senior police officer No. 37/2014 s. 10(Sch. item 41.6(a)).
"senior police officer" means a police officer of or above the rank of superintendant.
S. 327E(2) amended by No. 37/2014 s. 10(Sch. item 41.6(b)).
(2) Subject to subsections (5), (6) and (7), a police officer must not conduct, or authorise the conduct of, a reinvestigation of an offence of which a person has previously been acquitted unless the DPP has given written authorisation.
(3) Only the Chief Commissioner of Police, a Deputy Commissioner or an Assistant Commissioner may apply to the DPP for an authorisation under subsection (2).
(4) The DPP must not authorise a reinvestigation referred to in subsection (2) unless—
(a) the DPP is satisfied that—
(i) there is, or as a result of the reinvestigation there is likely to be, sufficient new evidence of the commission of the offence by a person to warrant the conduct of the reinvestigation; and
(ii) it is in the public interest for the reinvestigation to proceed; and
(b) in the DPP's opinion, 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 reinvestigation.
S. 327E(5) amended by No. 37/2014 s. 10(Sch. item 41.6(c)).
(5) A police officer may apply to a senior police officer for written authorisation to conduct, or authorise the conduct of, a reinvestigation referred to in subsection (2) if the applicant reasonably believes that—
(a) urgent action is required to prevent the reinvestigation being substantially and irrevocably prejudiced; and
(b) it is not reasonably practicable in the circumstances to obtain the DPP's authorisation before taking the action.
S. 327E(6) amended by No. 37/2014 s. 10(Sch. item 41.6(d)).
(6) On an application under subsection (5), a senior police officer may give written authorisation for a reinvestigation referred to in subsection (2) if the senior police officer reasonably believes that—
(a) urgent action is required to prevent the reinvestigation being substantially and irrevocably prejudiced; and
(b) it is not reasonably practicable in the circumstances to obtain the DPP's authorisation before taking the action.
S. 327E(7) amended by No. 37/2014 s. 10(Sch. item 41.6(e)).
(7) A police officer may conduct, or authorise the conduct of, a reinvestigation referred to in subsection (2) without the written authorisation of the DPP or a senior police officer if the police officer reasonably believes that—
(a) urgent action is required to prevent the reinvestigation being substantially and irrevocably prejudiced; and
S. 327E(7)(b) amended by No. 37/2014 s. 10(Sch. item 41.6(e)(ii)).
(b) it is not reasonably practicable in the circumstances to obtain the authorisation of the DPP or a senior police officer before taking the action.
(8) The DPP must be informed as soon as practicable of—
(a) an authorisation given under subsection (6) and the action, if any, taken under the authorisation; or
(b) any action taken under subsection (7)—
and the reinvestigation must not proceed further without the DPP's written authorisation.
(9) The DPP may, by instrument, delegate any function or power of the DPP under this section (other than this power of delegation) to the Chief Crown Prosecutor or a Senior Crown Prosecutor appointed under the Public Prosecutions Act 1994 .
S. 327F inserted by No. 81/2011 s. 17.