Western Australian Current Acts

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CRIMINAL PROCEDURE ACT 2004 - SECT 94

94 .         Court may order prosecutor to commence prosecution etc.

        (1)         This section does not apply if an accused is committed by a court of summary jurisdiction for sentence for an offence having been convicted by the court of it.

        (2)         An accused who is committed to a superior court on a charge may apply at any time to the court for an order that the relevant authorised officer act under Division 2 to commence or discontinue a prosecution against the accused.

        (3)         On such an application, or on its own initiative, the court may order the authorised officer to act under Division 2 within a period set by the court.

        (4)         If an authorised officer does not comply with such an order, the court may set aside the committal and discharge the accused from the charge.



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