This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
Act index » Chapter 7A - Limitations on rules relating to double jeopardy
327L Determination of application where acquittal tainted
How this provision has changed across versions can't be shown yet: the versions of this Act held here were read by different versions of the parser, and comparing them would report the parsers' own disagreements as amendments. Re-parse every version to restore it.
On an application under section 327H, the Court of Appeal may make any order referred to in section 327O in relation to a person who has been acquitted of an offence if the court is satisfied that—
(a)at the time the offence is alleged to have been committed, the offence was punishable by level 4 imprisonment (15 years maximum) or more (however the penalty is described); and
(c)it is likely that a new trial for that offence would be fair, having regard to—
(i)the length of time since the offence is alleged to have been committed; and
(ii)whether there has been a failure on the part of the police or the 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.