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.