Re A

The case of Re A involved a person who had been previously acquitted of murder and was now charged with murder under chapter 68 of the Criminal Code (Qld). The applicant applied for bail and sought non-publication orders to prevent the identification of the applicant and certain evidence. The matter was heard in the Supreme Court of Queensland.

The court was required to decide whether specific non-publication orders should be made in relation to the applicant's identity and evidence, in light of the provisions of chapter 68 of the Criminal Code (Qld). The court considered the provisions of sections 678B, 678H, and 678J, which deal with the retrial of acquitted persons for murder, and section 678K, which imposes restrictions on the publication of certain material. The court also considered the relevant provisions of the Bail Act 1980 (Qld).

The court found that the provisions of chapter 68 of the Criminal Code (Qld) did not prevent the court from making non-publication orders in relation to the applicant's identity and evidence. The court also found that it was in the interests of justice to make such orders, given the sensitive nature of the evidence and the potential for prejudice to the applicant if his identity were to be disclosed. The court made orders prohibiting the reporting of certain details of the bail application until specified conditions were met.

The court made orders that there be no reporting of the details of the bail application except for certain specified information, and that the applicant be admitted to bail on the terms of the draft order. The court also made further orders that the non-publication orders made on 3 August 2018 be dissolved, and that there be no reporting of the details of the bail application that would identify or have the effect of identifying the applicant until specified conditions were met.