South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 122

122—Prosecution may decline to prosecute

        (1)         If, on examining the committal brief for a matter committed to a superior court for trial, the prosecution is of the opinion that there is no reasonable ground for putting the person committed for trial on trial for an offence, the prosecution may so certify in the form prescribed by the rules of the superior court.

        (2)         If the prosecution has certified that the prosecution will not be filing an information against an accused person—

            (a)         if the person is in prison, a judge of the Supreme Court or the District Court may, by warrant in the form prescribed by the rules of the relevant court, direct—

                  (i)         the Chief Executive within the meaning of the Correctional Services Act 1982 ; or

                  (ii)         the person in whose custody the person is,

immediately to discharge the person from prison in respect of the offence mentioned in that warrant; or

            (b)         if the person is on bail—the recognizances of bail taken from the person and the person's sureties become void on the prosecution so certifying.



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