Western Australian Current Acts

CRIMINAL APPEALS ACT 2004 - SECT 46K

46K .         Interests of justice, matters to be considered

        (1)         This section applies for the purposes of section 46H.

        (2)         Charging the acquitted accused with the new charge is not in the interests of justice if the Court of Appeal is satisfied a fair trial of the new charge is unlikely having regard to —

            (a)         the length of time since offence A was allegedly committed or since trial A; and

            (b)         all other existing circumstances.

        (3)         The Court of Appeal is to have regard in particular to the following —

            (a)         whether any police officer or prosecutor has failed to act with reasonable diligence or expedition in connection with applying for leave to charge the acquitted accused with the new charge;

            (b)         the objective seriousness of the facts of the new charge.

        [Section 46K inserted: No. 9 of 2012 s. 4.]