5CAppeal against quashing of an indictment

#### 5C Appeal against quashing of an indictment 5C Appeal against quashing of an indictment > Where the Supreme Court or the District Court has quashed any information or indictment or any count thereof or the Supreme Court or District Court in its summary jurisdiction, in any proceedings to which the Crown was a party, has quashed any application made under section 246 (1) of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) or any charge specified in such an application, or the Land and Environment Court in its summary jurisdiction, in any proceedings to which the Crown was a party, has quashed any application made under section 41 (1) of the [Land and Environment Court Act 1979](/view/html/inforce/current/act-1979-204) or any charge specified in such an application, the Attorney-General or the Director of Public Prosecutions may appeal to the Court of Criminal Appeal against the order made, and such court may thereupon determine the appeal and if the appeal is sustained may make such order for the prosecution of the trial as may be necessary. > > **s 5C:** Ins 1924 No 10, sec 33. Am 1975 No 1, sec 5 (c); 1979 No 97, Sch 1 (4); 1979 No 205, Sch 2, Part 1, 1982 No 69, Sch 2; 1986 No 211, Sch 1 (2), (3); 1987 No 251, Sch 1 (1); 2001 No 121, Sch 2.76 \[4\]; 2002 No 129, Sch 2.4 \[2\] (am 2007 No 27, Sch 2.10 \[3\]); 2011 No 67, Sch 4.5 \[3\].