Section 378C — Crimes Act 1961: Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person

378C Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person (1) Subsection (2) applies if a member of the police has good cause to suspect that information obtained, or likely to be obtained as a result of an investigation, will tend to implicate an acquitted person in the commission of a specified serious offence. (2) If this subsection applies, a member of the police may exercise any of the powers referred to in subsection (3) in the course of a further investigation of whether the acquitted person has committed a specified serious offence only if a member of the police first obtains the consent of the Solicitor-General. (3) The powers in respect of which subsection (2) applies are the following: (a) questioning the acquitted person or any other person: (b) searching the acquitted person or any other person: (c) searching any premises or vehicles: (d) seizing any thing: (e) taking fingerprints or samples: (f) conducting or commissioning forensic tests or analyses. (4) The acquitted person does not need to be notified of any proposal to seek the Solicitor-General's consent under subsection (2) or of the fact that the consent is being, or has been, sought. (5) The Solicitor-General may consent under subsection (2) only if he or she has reasonable grounds to believe that there is, or that a further investigation is likely to reveal, or confirm the existence of, new and compelling evidence to implicate the acquitted person in the commission of the specified serious offence. (6) This section does not prevent a member of the police from taking any action if— (a) the action is necessary as a matter of urgency to prevent substantial prejudice to an investigation or to the administration of justice; and (b) it is not reasonably practicable to obtain the consent of the Solicitor-General; and (c) the Solicitor-General's consent is sought as soon as reasonably practicable after the action is taken. Section 378C: inserted, on 26 June 2008, by section 6 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).