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Charge Determination

After receiving the preliminary brief from the police prosecutor, the DPP will make a charge determinationas to what charge(s) (if any) will be proceeded with. Committal proceedings cannot commence until the DPP has made a charge determination[Criminal Procedure Act 1921 (SA) s 106(1)(e)].

Once a charge determination has been made, a committal appearance can occur, and at that point the DPP will assume conduct of the matter from the police prosecutor.

If no charge determination is made by the date of the second court appearance in the Magistrates Court, the matter may be adjourned, or if appropriate, the court may dismiss the charge(s) [Criminal Procedure Act 1921 (SA) s 106].

Charge Determination  :  Last Revised: Wed Mar 7th 2018
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