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Declining to prosecute

All Informations (the formal charges) in the superior Courts are filed in the name of the Director of Public Prosecutions (DPP), whose officers prosecute the case on behalf of the State [Criminal Procedure Act 1921 (SA) s 103].

The Director of Public Prosecutions decides what the information should be in the superior Court.

If the DPP considers the case against the defendant is not strong enough, she or he can decide not to lay an information and the case will come to an end [Criminal Procedure Act 1921 (SA) s 122]. The DPP may also, at a later stage after the first arraignment decide not to proceed with the case. The prosecution then formally tells the Court and the defendant that they will not prosecute the case any further by announcing a nolle prosequi (no prosecution) at the Court.

Declining to prosecute  :  Last Revised: Fri Mar 2nd 2018
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