Western Australian Current Acts

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CRIMINAL PROCEDURE ACT 2004 - SECT 150

150 .         Discharge of accused, effect of

        (1)         If under this Act a court discharges an accused from a charge in a prosecution notice or indictment —

            (a)         the discharge operates as a discharge of the accused from that prosecution of the charge; and

            (b)         the accused must not be kept in custody in relation to the charge in that prosecution notice or indictment; and

            (c)         any bail undertaking by the accused that relates to the charge, and any surety undertaking in respect of the accused in relation to the charge, that is then in effect ceases to be in effect in relation to the charge.

        (2)         Subsection (1) does not affect any prosecution of the accused for the charge that may be commenced subsequently.



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