South Australian Current Acts South Australian Current Acts148—Circumstances in which person may be charged with
administration of justice offence relating to previous acquittal
(1) The Court of
Appeal may, on application by the Director of Public Prosecutions, order a
person who has been acquitted of an indictable offence to be tried for an
administration of justice offence that is related to the offence of which the
person has been acquitted if the Court is satisfied that—
(a)
there is fresh evidence against the acquitted person in relation to the
administration of justice offence; and
(b) in
the circumstances, it is likely that a trial would be fair having regard
to—
(i)
the length of time since the
administration of justice offence is alleged to have occurred; and
(ii)
whether there has been any failure on the part of the
police or prosecution to act with reasonable diligence or expedition with
respect to the making of the application; and
(iii)
any other matter that the Court considers relevant.
(2) An application
under subsection (1) must be made within 28 days after—
(a) the
person is charged with the administration of justice offence; or
(b) a
warrant is issued for the person's arrest for the administration of
justice offence.
(3) If the Court of
Appeal orders a person to be tried for an administration of justice offence
that is related to an indictable offence of which the person has been
acquitted, the Court—
(a) must
remove the acquittal as a bar to the person being tried for the
administration of justice offence; and
(b) may
make any other order that the Court thinks fit in the circumstances.
(4) The Director of
Public Prosecutions may not, without the permission of the Court of Appeal,
present an information for the trial of a person in respect of whom the Court
has made an order under this section more than 2 months after the Court
made the order.
(5) The Court of
Appeal should not give permission for the late presentation of an information
for any such trial unless the Court is satisfied that, despite the period of
time that has passed since the Court made the order for the trial—
(a) the
Director of Public Prosecutions has acted with reasonable expedition; and
(b)
there is good and sufficient reason why the late presentation of the
information should be allowed.
(6) If, more than 2
months after an order for the trial of a person for an
administration of justice offence was made under this section, an information
for the trial of the person for the offence has not been presented or has been
withdrawn or quashed, the person may apply to the Court of Appeal to set aside
the order for the trial and to restore the acquittal as a bar to the person
being tried for the offence.
(7) In this
section—
"acquitted person" means a person who has been acquitted of an indictable
offence (whether in this State or in another jurisdiction).