252When case not to be proceeded with gaoler to discharge

252 When case not to be proceeded with gaoler to discharge prisoner on certificate from Attorney-General etc The Attorney-General may, in respect of any person under committal for trial, and in all cases if any person is remanded to prison, and if he or she may in his or her discretion think fit not further to proceed, transmit at any time a certificate to the judges of the Supreme Court, any one of whom may by warrant direct the gaoler in whose custody the prisoner, or person under remand, may be to discharge him or her from custody in respect of the offence mentioned in the warrant, and, if the gaoler neglects so to do, he or she shall be liable to a fine of $100, to be recovered by action of debt in the name of the Attorney-General. Note If a form is approved under the Court Procedures Act 2004 for a warrant, the form must be used.