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Criminal Proceeds Confiscation Act 2002
sec.109Meaning of unamenable to justice
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### sec.109 Meaning of unamenable to justice
A person becomes unamenable to justice for an offence only if—
a proceeding for the offence is started against the person in a way mentioned in subsection (2) ; and
the person is taken to become unamenable to justice under any of sections 110 to 115 .
For subsection (1) , a proceeding for an offence starts when—
a person is charged as defined in section 105 ; or
a Magistrates Court charges the person with the offence or commits the person for trial or sentence for the offence; or
an indictment is presented against the person for the offence.
This definition applies to the whole Act. See the dictionary.
(sec.109-ssec.1) A person becomes unamenable to justice for an offence only if— a proceeding for the offence is started against the person in a way mentioned in subsection (2) ; and the person is taken to become unamenable to justice under any of sections 110 to 115 .
(sec.109-ssec.2) For subsection (1) , a proceeding for an offence starts when— a person is charged as defined in section 105 ; or a Magistrates Court charges the person with the offence or commits the person for trial or sentence for the offence; or an indictment is presented against the person for the offence. This definition applies to the whole Act. See the dictionary.
- (a) a proceeding for the offence is started against the person in a way mentioned in subsection (2) ; and
- (b) the person is taken to become unamenable to justice under any of sections 110 to 115 .
- (a) a person is charged as defined in section 105 ; or
- (b) a Magistrates Court charges the person with the offence or commits the person for trial or sentence for the offence; or
- (c) an indictment is presented against the person for the offence.