Supreme Court Act 1933

Subject to subsection (2), an indictable offence triable before the court shall be prosecuted by information in the name of the Attorney-General or of any other person the Attorney-General, in writing, appoints for this subsection.

The Attorney-General may file an information under subsection (1) without examination or commitment for trial of the accused person.

On an information being filed without examination or commitment for trial, the court may—

cause a summons to be issued to the accused person to appear at the time and place specified in the summons and there to answer the charge specified in the information; or

issue a warrant for the arrest of the accused person and hold him or her in custody or admit him or her to bail.

If a person has been committed for trial on a charge for an indictable offence triable before the court, the information against the person may include, either in substitution for, or in addition to, a count charging the offence for which the person was committed, a count founded on a fact or evidence disclosed in the course of the committal proceedings.

Subsection (4) does not authorise the inclusion of more than 1 count in the same information unless those counts may lawfully be joined in a single information.

If a person is under commitment on a charge of an indictable offence triable before the court, the Attorney-General, or any other person the Attorney-General, by instrument, appoints this subsection, may decline to proceed further in the prosecution and, if the accused person is in custody, may, by warrant, direct the discharge of the accused person from custody, and the accused person shall be discharged accordingly.