Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 (F2016L01726) - RULE 3.06

Form of application for order discharging accused

             (1)  An accused who wants an order discharging the accused under subsection 23BG(1) of the Act must file an application in accordance with Form CP17.

             (2)  The application must be accompanied by an affidavit stating that no indictment has been filed within the time required by section 23BF of the Act.

             (3)  A copy of the committal order must be attached to the affidavit.

             (4)  The accused must serve a stamped copy of the application and the accompanying affidavit on the prosecutor at the address nominated by the prosecutor in the court in which the committal order was made.



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