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Justice (Northern Ireland) Act 2002

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This is the original version (as it was originally enacted).

32Discontinuance of proceedings before court appearance

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(1)Where the Director has the conduct of proceedings in relation to an offence against a person, he may discontinue the proceedings (without the leave of any court) at any time before the person has appeared or been brought before a court in connection with the offence.

(2)Where proceedings against a person in relation to an offence are discontinued under subsection (1), the Director must inform—

(a)the person, and

(b)any court before which the person has been required to appear in connection with the offence,

that the proceedings have been discontinued.

(3)Where proceedings against a person in relation to an offence are discontinued under subsection (1)—

(a)if he is in detention in connection with the offence, he must be released unless his detention is justified otherwise than by reason of the offence, and

(b)if he is subject to a requirement to appear before a court, or attend at a police station, in connection with the offence, the requirement ceases to have effect.

(4)The discontinuance under subsection (1) of proceedings against a person in relation to an offence does not prevent the subsequent institution of proceedings against him in relation to the offence (or any other offence).

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