A prosecution's offer of no evidence before the accused has pleaded, resulting in dismissal of charges, does not constitute an agreement not to prosecute and does not bar subsequent prosecution on reformulated or expanded charges. An accused who wishes to prevent re-prosecution should insist on being arraigned and pleading not guilty, or negotiate an express agreement not to re-prosecute, or seek a certificate under s 149 of the Justices Act 1886 (Qld).
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