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Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2874 ..
PART 2 - Leader of the Opposition
Clause 68
Proposed new subsection 37R (2A)
Page 34, line 20-
After subsection (2), insert the following subsection:(2A) If the director of public prosecutions makes an application under subsection (2), the Territory must meet all reasonable legal costs the defendant incurs in opposing the application.
Clause 68
Proposed new subsection 37R (3)
Page 35, line 1-
Omit the subsection, substitute the following subsection:(3) The Court of Appeal may make an order to review an acquittal only if the court considers that-
(a) the trial judge made an error of law in the course of the trial; and
(b) the error affected the decision to acquit the defendant.
Example (par (a))
George is acquitted of an offence in a jury trial in the Supreme Court. During the trial, the judge decided to exclude certain evidence sought to be admitted by the prosecution. The director of public prosecutions applies for an order to review the acquittal. The Court of Appeal decides that the judge made an error of law in excluding the evidence and that its exclusion affected the decision to acquit the defendant. The Court of Appeal may accordingly make an order to review George's acquittal.
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