Criminal Procedure Act 2010 (No. 27)

AI Summary of Criminal Procedure Act 2010 (No. 27)

The Criminal Procedure Act 2010 introduces significant reforms in the legal landscape to enhance justice for victims and provide clearer procedures regarding retrials following acquittals. Key provisions include the extension of victim impact statements to the family members of those harmed and the introduction of mechanisms for the Director of Public Prosecutions to appeal acquittals based on new, compelling evidence or tainted verdicts due to misconduct in original trials.

Moreover, the Act modifies rules related to evidence and appeals, allowing greater access to legal aid for those seeking retrials, while ensuring that victims' rights are upheld. This legislation reinforces judicial oversight in scenarios where individuals previously acquitted face new charges, establishing a framework that balances the rights of the accused with the need for accountability in the justice system.

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Version status: In force | Document consolidation status: Updated to reflect all known changes

Published date: 20 July 2010

		Future version	Amendment requiring commencement	Draft proposed change
	Introductory Text
	Acts Referred to
	Part 1 Preliminary and General (ss. 1-3)
	1. Short title and commencement.
	2. Interpretation.
	3. Expenses.
	Part 2 Impact of Crime on Victim (ss. 4-6)
	4. Amendment of section 5 of Act of 1993.
	5. Evidence through television link.
	6. Evidence through intermediary.
	Part 3 Exceptions to rule against double jeopardy (ss. 7-22)
	Chapter 1 Interpretation (s. 7)
	7. Interpretation (Part 3).
	Chapter 2 Application for re-trial orders under Part 3 (ss. 8-14)
	8. Application by Director seeking re-trial order where new and compelling evidence becomes available.
	9. Application by Director for re-trial order where previous acquittal tainted.
	10. Re-trial orders.
	11. Amendment of Act of 1962.
	12. Orders to safeguard fairness of re-trial.
	13. Effect of re-trial order.
	14. Appeals on point of law to Supreme Court.
	Chapter 3 Approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences (ss. 15-18)
	15. Certain powers may be used only in accordance with Act.
	16. Arrest of person in respect of whom section 15 applies may be authorised by District Court in certain circumstances.
	17. Arrest in certain circumstances of person in respect of whom section 15 applies where person is in prison etc.
	18. Search warrant in aid of investigation relating to relevant offences may be authorised by District Court in certain circumstances.
	Chapter 4 Miscellaneous (ss. 19-22)
	19. Admissibility of evidence in proceedings under Part.
	20. Other appeals or review rights not affected.
	21. Application of section 6 of Prosecution of Offences Act 1974.
	22. Rules of court and expeditious hearings.
	Part 4 Appeals and Matters Relating to Appeals (ss. 23-32)
	Chapter 1 With prejudice prosecution appeals (ss. 23-30)
	23. Appeals by Director etc., in certain criminal proceedings.
	24. No appeal in certain circumstances.
	25. Orders to safeguard fairness of re-trial.
	26. Order for re-trial following appeal under section 23.
	27. Amendment of section 3 of Criminal Justice Act 1994.
	28. Other appeals or review rights not affected.
	29. Application of section 6 of Prosecution of Offences Act 1974.
	30. Rules of court and expeditious hearings.
	Chapter 2 Miscellaneous matters relating to appeals (ss. 31-32)
	31. Amendment of Courts of Justice Act 1924.
	32. Amendment of section 44 of Offences Against the State Act 1939.
	Part 5 Miscellaneous Provisions (ss. 33-38)
	Chapter 1 Giving of Evidence (ss. 33-35)
	33. Amendment of Criminal Justice (Evidence) Act 1924.
	34. Expert evidence adduced by defence.
	35. Return or disposal of property to be used as evidence.
	Chapter 2 Miscellaneous amendments (ss. 36-38)
	36. Amendment of section 22 of Courts Act 1991.
	37. Amendment of Act of 1967.
	38. Amendment to First Schedule to Criminal Justice Act 1951.
	Schedule - Relevant Offences
	Explanatory Memorandum

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AI Summary of Criminal Procedure Act 2010 (No. 27)