Crimes Act 1961

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347 Power to discharge accused
  • (1) Where any person is committed for trial, the Judge may, in his discretion,—

    • (a) of his own motion or on the application of the prosecutor or the accused; and

    • (b) after giving both the prosecutor and the accused reasonable opportunity to be heard on the matter; and

    • (c) after perusal of the depositions and consideration of such other evidence and other matters as are submitted for his consideration by the prosecutor or the accused—

    direct that no indictment shall be filed, or, if an indictment has been filed, direct that the accused shall not be arraigned thereon; and in either case direct that the accused be discharged.

    (2) Where an indictment is filed by the Attorney-General, or by any one with the consent of the Attorney-General, under subsection (3) of section 345, the Judge may in his discretion, after perusal of the statements of the witnesses for the prosecution, or after hearing those witnesses, direct that the accused shall not be arraigned on the indictment, and direct that he be discharged.

    (3) The Judge may in his discretion, at any stage of any trial, whether before or after verdict, direct that the accused be discharged.

    (3A) Every direction under this section shall be given in open court.

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

    (5) The provisions of section 106(3) of the Sentencing Act 2002 shall extend and apply to a discharge under this section.

    (6) Nothing in this section shall affect the power of the court to convict and discharge any person.

    Compare: 1954 No 50 s 42(3), (4), (6); 1960 No 116 s 10

    Section 347(1): substituted, on 17 December 1976, by section 19(1) of the Summary Proceedings Amendment Act 1976 (1976 No 169).

    Section 347(1): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 347(2): amended, on 1 March 1996, by section 4(1) of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 347(3A): inserted, on 17 December 1976, by section 19(2) of the Summary Proceedings Amendment Act 1976 (1976 No 169).

    Section 347(5): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).