Part 2

Law Officers and Public Prosecution Service

Public Prosecution Service

Discontinuance of proceedings before court appearance
32
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).