NSWIn ForceAct
Criminal Procedure Act 1986
44When case not to be proceeded with: accused person to be released from custody
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#### 44 When case not to be proceeded with: accused person to be released from custody
44 When case not to be proceeded with: accused person to be released from custody
> > (1) On deciding that no further proceedings are to be taken with respect to a person who is in custody on remand, whether or not the person has been committed for trial, the Attorney General or Director of Public Prosecutions may cause a certificate to that effect, in the form prescribed by the regulations, to be delivered to the Supreme Court.
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> > (2) On receipt of such a certificate, the Supreme Court may, by order, direct that the person to whom the certificate relates be released from custody.
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> **ss 44 (previously ss 126, 127):** Renumbered 2001 No 119, Sch 1 \[39\].