South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 103

103—DPP may lay information in superior court

        (1)         An information may only be presented to the Supreme Court or the District Court in the name and by the authority of the Director of Public Prosecutions, and, despite any other provision of this Part, a person named in that information may, as a result, be tried at any criminal sessions of the Supreme Court or District Court (as the case may be) for any offence on that information.

        (2)         The fact that an information charging an indictable offence has been filed in the Magistrates Court does not prevent the Director of Public Prosecutions from subsequently presenting to the Supreme Court or District Court an information charging the same offence if the Director of Public Prosecutions thinks fit (and the information filed in the Magistrates Court will, on the giving of written notice by the Director of Public Prosecutions to the Registrar of that fact, be taken to have been withdrawn).

        (3)         Subject to any modifications prescribed by the regulations, the provisions of this Act, and any other law, relating to informations charging indictable offences apply to an information presented to the Supreme Court or District Court in accordance with this section.

        (4)         For the avoidance of doubt, any power of the Supreme Court or the District Court to order the transfer of proceedings under this or any other Act or law applies to proceedings brought under this section in the same way as it applies to any other criminal proceedings.



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