Section 378E — Crimes Act 1961: Orders to safeguard fairness of retrial

378E Orders to safeguard fairness of retrial (1) An order for a retrial under section 378A or 378D may be granted subject to— (a) any conditions that the court considers are required to safeguard the fairness of the retrial: (b) any other directions as to the conduct of the retrial. (2) A court may, if it considers that the interests of justice so require, exclude any person from the hearing of an application under section 378A or 378D , or forbid any report or account of any evidence given or referred to at such a hearing or prohibit the publication of the name of the acquitted person or of any other person connected with a retrial for which leave is sought or has been granted. (3) For the purposes of subsection (2), sections 138 and 140 of the Criminal Justice Act 1985, so far as they are applicable, apply with all necessary modifications. Section 378E: inserted, on 26 June 2008, by section 6 of the Crimes Amendment Act (No 2) 2008 (2008 No 37).