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r 15

Discontinuing prosecution (CPA s. 87)

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15 Discontinuing prosecution (CPA s. 87)

(1)

A notice discontinuing a prosecution of a charge that is not in an indictment must be in the form of Form 5.

(2)

A notice discontinuing a prosecution of a charge that is in an indictment must be in the form of Form 6.

(3)

A notice of discontinuance must be lodged, and served on —

(a)

the accused and on any person who under the Bail Act 1982 is a surety for the accused; and

(b)

any witness who is bound by a witness undertaking to appear at the trial of the accused; and

(c)

any witness who has been served with a summons to appear at the trial of the accused.

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