147 Dismissal of charge

(1)

The court may dismiss a charge at any time before or during the trial, but before the defendant is found guilty or not guilty, or enters a plea of guilty.

(2)

The court may dismiss the charge on its own motion or on the application of the prosecutor or the defendant.

(3)

A decision to dismiss a charge may be made on the basis of any formal statements, any oral evidence taken in accordance with an order made under section 92, and any other evidence and information that is provided by the prosecutor or the defendant.

(4)

Without limiting subsection (1), the court may dismiss a charge if—

(a)

the prosecutor has not offered evidence at trial; or

(b)

in relation to a charge for which the trial procedure is the Judge-alone procedure, the court is satisfied that there is no case to answer; or

(c)

in relation to a charge to be tried, or being tried, by a jury, the Judge is satisfied that, as a matter of law, a properly directed jury could not reasonably convict the defendant.

(5)

A decision to dismiss a charge must be given in open court.

(6)

If a charge is dismissed under this section the defendant is deemed to be acquitted on that charge.

(7)

Nothing in this section affects the power of the court to convict and discharge any person.

Compare: 1961 No 43 s 347