ABSTRACT

An application may then be made to the High Court for an order quashing the acquittal. The acquitted person may then be re-prosecuted for the offence of which he was acquitted.

Section 55 requires that four conditions must be satisfied before the High Court will quash the acquittal. They are: (a) the High Court must agree that it is likely that, but for the interference or

intimidation, the acquitted person would not have been acquitted; (b) the High Court must agree that it is not contrary to the interests of justice

for the acquitted person to be re-prosecuted; (c) the acquitted person must be given a reasonable opportunity to make

written representations to the High Court; and (d) it must appear to the High Court that the conviction for the administration

of justice offence will stand (and so there must not be an appeal against that conviction pending and the time limit for lodging such an appeal must have expired).