Section 45, The Criminal Procedure Act, 2024

(1) The Attorney-General and Minister of Justice mayenter a nolle prosequi either by a statement in Court or informing the Court in writing that the State intends that the proceedings shall not continue and thereupon the defendant shall be at once discharged in respect of the charge for which the nolle prosequi is entered and if he has been committed to a correctional centre shall be released or if on bail his recognisances shall be discharged; but such discharge of the defendant shall not operate as a bar to any subsequent proceedings against him on account of the same facts. (2) Where the defendant is not before the Court when the nolle prosequi is entered, the Court shall forthwith cause notice in writing of the entry of the nolle prosequi to be given to the keeper of the correctional centre in which the defendant 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 and also to the defendant and his sureties in case he shall have been admitted to bail. (3) For the purposes of this section, proceedings include an appeal from a determination in criminal proceedings before a Court and a case stated or question of law reserved for the purposes of such proceedings. PREVIOUS ACQUITTAL OR CONVICTION