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Law library · Sierra Leone · THE CRIMINAL PROCEDURE ACTS, 1965

Section 44, THE CRIMINAL PROCEDURE ACTS, 1965

RepealedTHE CRIMINAL PROCEDURE ACTS, 1965, Sierra Leone

(1) In any criminal case, and at any stage thereof before verdict or judgement, the Attorney-General may enter anolle prosequi either by stating in Court or by informing the Court in writing that, the Crown intends that the proceedings shall not continue and thereupon the accused or the defendant as the case may be shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if he has been committed to prison shall be released or if on bail his recognisances shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against him on account of the same facts. (2) If the accused or the defendant, as the case may be, is not before the Court when such nolle prosequi is entered, the Court shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the keeper of the prison in which such accused may be detained, and also shall forthwith cause a similar notice in writing to be given to any witnesses bound over to prosecute and to their sureties (if any), and also to the accused and his sureties in case he shall have been admitted to bail. Attorney-General may delegate certain powers to nolle prosequi, etc.

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