Release from custody on discontinuance of prosecution
178 Release from custody on discontinuance of prosecution
If—
a prosecution for a charge against a person is discontinued under section 177; and
the person is in custody in relation to that charge, irrespective of whether the person is in custody for any other reason—
the DPP must immediately notify the person who has legal custody of the person that the prosecution has been discontinued.
On notification being given under subsection (1), the person in custody is to be released, if the person is not in custody for any other reason.
Note to s. 178 amended by No. 32/2024 s. 1045.
Note
See Part 1A of the Corrections Act 1986 and section 460 of the Youth Justice Act 2024 as to who has legal custody.
This Act’s bill:Explanatory memorandumSecond reading speech
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