350Nolle prosequi

350 Nolle prosequi

[Section 350 Substituted by 7 Geo. VI No. 44, s. 2 ][Section 350 Amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ][Section 350 Amended by No. 21 of 1994, s. 4 ]

(1)  [Section 350 Amended by No. 23 of 2013, s. 4, Applied:01 Sep 2013] If at any stage of the proceedings upon an indictment a Crown Law Officer or a person appearing for the Crown informs the court that the Crown will not proceed further upon that indictment –

(a) the judge, if the trial of the accused person has begun and a jury has been sworn, may direct the jury to return a verdict of not guilty and thereupon the accused person shall be discharged; or

(ab) the judge, if the trial of the accused person has begun but a jury has not been sworn, may direct that an entry of not guilty be made on the indictment in which case the entry has effect in all respects as if it were the verdict of a jury upon the trial of the accused person on the indictment; or

(b) in the absence of a direction under paragraph (a) or (ab) , the accused person shall be discharged from any further proceedings upon that indictment but may be again indicted upon a fresh indictment, subject to the limitation of time, if any, within which proceedings must be instituted.

(2)  The accused person shall be charged upon any such fresh indictment at sittings of the court held at the place where he was first charged next after the hearing of such first charge.