4750
In forceSupreme Court criminal proceedings—application to set aside or stay proceeding
Chapter 4Criminal proceedings
Part 4.3Supreme Court criminal proceedings
Division 4.3.5Supreme Court criminal proceedings—pre-trial applications
4750 Supreme Court criminal proceedings—application to set aside or stay proceeding
(1)
An accused person may apply to set aside or stay any criminal proceeding against the person.
Note
Pt 6.2 (Applications in proceedings) applies to the application.
(2)
The application must be made and heard before the accused person is arraigned.
(3)
If the application is dismissed, the accused person may make a further application under subrule (1) in relation to the same or similar charges only if—
(a)
there has been a significant change of circumstances; and
(b)
the application is limited to the change of circumstances.
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