Contents

Chapter 3
The existing court process for sexual violence cases

Retrials

3.81In certain limited circumstances a court may order that a previously acquitted person may be retried. The Solicitor-General, for example, has the power to apply to the Court of Appeal for a retrial where new and compelling evidence is obtained by Police, following the acquittal of a defendant for a specified serious offence.227 The Court must be satisfied that there is new and compelling evidence to implicate the acquitted person and that a further trial of the acquitted person is in the interests of justice.

3.82A retrial may also be necessary where there has been a “hung jury”. We return to the issue of retrials in cases where there is a hung jury, and their effect on complainants in Chapter 6.

227Criminal Procedure Act 2011, s 154.