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Criminal Procedure Act 2009
206Procedure if prosecution proposes not to lead evidence
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206 Procedure if prosecution proposes not to lead evidence
(1) This section applies if, before the trial of an accused commences, the accused is arraigned and pleads not guilty to a charge in respect of which the prosecution proposes not to lead evidence.
(2) The prosecution must inform the court that the prosecution proposes not to lead evidence on the charge.
(3) The court must direct that an entry of not guilty be made on the record in respect of the charge.
(4) An entry of not guilty under subsection (3) has the same effect as if it were the verdict of a jury on the trial of the accused on that charge.
(5) This section does not limit the power to discontinue a prosecution under section 177.
Pt 5.5 Div. 5 (Heading and ss 206A–206G) inserted by No. 32/2024 s. 823.
Division 5—Procedure for pre-trial hearing about presumption against criminal responsibility
S. 206A inserted by No. 32/2024 s. 823.