397AApplication for prosecution for administration of justice crime – procedure

397A Application for prosecution for administration of justice crime – procedure

[Section 397A Inserted by No. 38 of 1963, s. 5 ]**[Section 397A Amended by No. 30 of 1973, s. 34 ][Section 397A Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 397A Amended by No. 33 of 2008, s. 4, Applied:22 Oct 2008]

(1)  An application under section 392 may not be made unless –

(a) the person has been charged with the administration of justice crime; or

(b) a warrant has been issued for the person's arrest for the administration of justice crime.

(2)  The application must be made not later than 28 days after the person is charged with the relevant crime or the warrant is issued for the person's arrest in relation to the relevant crime.

(3)  The Court may extend the period mentioned in subsection (2) for good cause.

(4)  The Court must consider the application at a hearing.

(5)  The person to whom the application relates is entitled to be present and heard at the hearing, whether or not the person is in custody.

(6)  However, if the person has been given a reasonable opportunity to be present, the application may be decided even if the person is not present.

(7)  The powers of the Court mentioned in section 409(1) may be exercised in relation to the hearing of the application.

(8)  The Court may at one hearing consider more than one application under section 392 , but only if the administration of justice crimes concerned may be tried on the same indictment.

(9)  If the Court decides in proceedings on an application under section 392 that the acquittal is not a bar to the person being tried for an administration of justice crime that is related to the crime of which the person has been acquitted, it must make a declaration to that effect.