Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 108

108 .         No case to answer, judge may acquit accused

        (1)         If at any time after the close of the prosecutor’s case and before the jury gives its verdict on a charge the judge is satisfied that the accused has no case to answer on the charge, the judge —

            (a)         may find the accused not guilty of the charge without requiring the jury to give its verdict on the charge; and

            (b)         if such a finding is made —

                  (i)         must not direct the jury to return a verdict of not guilty on the charge; and

                  (ii)         must discharge the jury from giving its verdict on the charge.

        (2)         The power in subsection (1) may be exercised whether or not the accused has submitted that there is no case to answer on the charge.

        (3)         The power in subsection (1) may be exercised in relation to any offence of which the accused might be convicted instead of a charge.