Crimes (Appeal and Review) Act 2001 No 120
104 Interests of justice—matters for
(1) This section applies for the purpose of determining under this
Division whether it is in the interests of justice for an order to be made for
the retrial of an acquitted person.
(2) It is not in the interests of justice to make an order for the
retrial of an acquitted person unless the Court of Criminal Appeal is
satisfied that a fair retrial is likely in the
(3) The Court is to have regard in particular to:
(a) the length of time since the acquitted person allegedly committed
the offence, and
(b) whether any police officer or prosecutor has failed to act with
reasonable diligence or expedition in connection with the application for the
retrial of the acquitted person.