Commentary on Sections Other subsequent prosecutions Section 12 Nullity of proceedings on previous indictment or complaint
64.This section applies where the prosecutor is of the view that a previous trial was a fundamental nullity and wants to raise a fresh prosecution. In such circumstances, the prosecutor needs to make an application to the High Court for authority to prosecute anew.
65.Subsection (3) sets out the test the High Court needs to consider before granting authority to prosecute.