Western Australian Current Acts

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CRIMINAL PROCEDURE ACT 2004 - SECT 76

76 .         Staying prosecution permanently

        (1)         A court may at any time order that the prosecution of a charge be stayed permanently, if it is satisfied that the charge is an abuse of the process of the court.

        (2)         On making such an order the court —

            (a)         may discharge the accused from the charge; and

            (b)         may make any orders it thinks fit, including orders as to bail and orders under Schedule 4, to ensure the accused and any witness are amenable to justice until —

                  (i)         the time for appealing against the stay order has expired; and

                  (ii)         any appeal against the stay order is concluded.



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