Crimes Act 1961

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346 Failure of prosecutor to file indictment
  • (1) If the prosecutor does not file an indictment within the 42-day period referred to in section 345A or within such further time as may be allowed under section 345B, the court may direct that the accused be discharged.

    (2) A discharge under this section shall be deemed to be an acquittal.

    (3) In such a case involving a private prosecution, the court may order the prosecution to pay the costs of the accused.

    Section 346: substituted, on 1 March 1996, by section 3 of the Crimes Amendment Act (No 2) 1995 (1995 No 68).