sec.11Independent exercise of powers about prosecutions

sec.11 Independent exercise of powers about prosecutions

This section applies if the Attorney-General— presents an indictment against a person and— the person is acquitted; or the person is convicted and any period for appealing against the conviction has ended and an appeal against the conviction has not been started; or the person is convicted and the person has appealed against the conviction and the appeal is finally decided or has otherwise ended; or the prosecution process has otherwise ended; or enters a nolle prosequi on an indictment. The Attorney-General must— prepare a report outlining the circumstances and reasons for the Attorney-General’s decision to present the indictment or to enter the nolle prosequi; and table the report in the Legislative Assembly within 3 sitting days after the event mentioned in subsection (1) happens. In this section— convicted includes being found guilty, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded. (sec.11-ssec.1) This section applies if the Attorney-General— presents an indictment against a person and— the person is acquitted; or the person is convicted and any period for appealing against the conviction has ended and an appeal against the conviction has not been started; or the person is convicted and the person has appealed against the conviction and the appeal is finally decided or has otherwise ended; or the prosecution process has otherwise ended; or enters a nolle prosequi on an indictment. (sec.11-ssec.2) The Attorney-General must— prepare a report outlining the circumstances and reasons for the Attorney-General’s decision to present the indictment or to enter the nolle prosequi; and table the report in the Legislative Assembly within 3 sitting days after the event mentioned in subsection (1) happens. (sec.11-ssec.3) In this section— convicted includes being found guilty, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

• (a) presents an indictment against a person and— (i) the person is acquitted; or (ii) the person is convicted and any period for appealing against the conviction has ended and an appeal against the conviction has not been started; or (iii) the person is convicted and the person has appealed against the conviction and the appeal is finally decided or has otherwise ended; or (iv) the prosecution process has otherwise ended; or
• (i) the person is acquitted; or
• (ii) the person is convicted and any period for appealing against the conviction has ended and an appeal against the conviction has not been started; or
• (iii) the person is convicted and the person has appealed against the conviction and the appeal is finally decided or has otherwise ended; or
• (iv) the prosecution process has otherwise ended; or
• (b) enters a nolle prosequi on an indictment.