Western Australian Numbered Acts

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CRIMINAL PROCEDURE ACT 2004 (NO. 71 OF 2004) - SECT 25

25 .         Discontinuing a prosecution

        (1)         If no evidence has been adduced in relation to a charge, the prosecutor may inform the court that the prosecutor is discontinuing the prosecution of the charge.

        (2)         On being so informed, the court may consent or, if satisfied that the discontinuance would be an abuse of process, refuse to consent to the discontinuance of the prosecution concerned.

        (3)         If a prosecution of a charge is discontinued, the court must dismiss the charge for want of prosecution.



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