Victorian Current Acts

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DPP may discontinue a prosecution without adjudication

    (1)     The DPP may discontinue a prosecution for an offence against an accused by—

S. 177(1)(a) amended by No. 11/2021 s. 46.

        (a)     announcing the discontinuance in court (including by audio link or audio visual link); or

S. 177(1)(b) amended by No. 77/2013 s. 17.

        (b)     filing in court written notice of the discontinuance, signed by the DPP.

    (2)     A prosecution may be discontinued—

        (a)     at any time except during trial;

        (b)     whether or not an indictment against the accused has been filed.

    (3)     If an indictment has not been filed against the accused, the written notice referred to in subsection (1)(b) must be filed in the court to which the accused has been committed for trial.

S. 177(4) amended by No. 77/2013 s. 17.

    (4)     If a discontinuance of prosecution is announced in court, written notice of the discontinuance, signed by the DPP, must be filed in court as soon as practicable after the announcement.

    (5)     The DPP must serve a copy of a written notice of discontinuance that has been filed in court under subsection (1)(b) or (4) on—

        (a)     the accused; or

        (b)     if the accused is dead, on—

              (i)     the legal practitioner who last represented the accused, if that legal practitioner can reasonably be identified; or

              (ii)     the next of kin of the accused, if that person can reasonably be identified.

    (6)     A discontinuance of prosecution does not amount to an acquittal.

    (7)     An accused may be indicted on a charge in respect of which an earlier prosecution has been discontinued.

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