CRIMINAL CODE 1899 - SECT 678 Definitions

CRIMINAL CODE 1899 - SECT 678

678 Definitions

(1) In this chapter—


"25 year offence" means an offence punishable by imprisonment for life or for a period of 25 years or more.


"acquittal" —

(a) includes—

(i) an acquittal in appeal proceedings in relation to an offence; and

(ii) an acquittal at the direction of a court; and

(iii) a dismissal under section 700 or the Justices Act 1886 , section 149 ; but

(b) does not include—

(i) an acquittal on account of unsoundness of mind under section 647 ; or

(ii) a discontinuance of proceedings under the Mental Health Act 2016 , section 119 .

"administration of justice offence" means an offence under chapter 16 .


"Court" means the Court of Appeal.


"fresh and compelling evidence" see section 678D .


"interests of justice" see section 678F .


"tainted acquittal" see section 678E .

(2) For the purposes of this chapter, the retrial of an acquitted person for an offence includes a trial if the offence is not the same as the offence of which the person was acquitted.

(3) In this chapter, a reference to the proceedings in which a person was acquitted includes, if they were appeal proceedings, a reference to the earlier proceedings to which the appeal related.