Chapter 5—Trial on indictment Part 5.3 - Notifying accused of indictment - Part 5.4 - Discontinuing a prosecution

Question 1

S171 – Copy indictment to be served (ASAP after filing- personally)

Answer 1

(1) DPP must, ASAP after Indict. Filed, serve on A (a) copy of indictment (b) if DPP does not have notice that the accused is represented by LP, notice advising (i) LP should be gotten and (ii) notifying of VLA details
(2) serve personally per s 391

Question 2

172 DPP may nominate address etc. for service of documents

Answer 2

(1) The DPP may nominate in writing business address, email or fax number for service on DPP of documents in relation to charge.
(2) nomination may be included on indictment or any other doc served on A

Question 3

173 Extra notice for corporate accused

Answer 3

If CA (a) is to be served indictment AND (b) received no s 148 notice, must serve notice stating (c) date/time on which person must appear by rep/LP and say (d) court can (i) proceed to trial and (ii) if applicable, proceed to hear and determine a summary offence

Question 4

S174 compelling attendance when direct indictment filed (summons/warrant)

Answer 4

(1) on filing of DI ats. A, DPP may apply for summons/warrant to arrest to compel attendance
(2) on application, if Court satisfied charge discloses offence known to law, must issue (a) a summons requiring the A to attend court on specified date/ time to answer to the indictment
(b) subject to (3) below, warrant to arrest
(3) must not issue warrant in first instance unless satisfied by sworn/aff. evidence that (a) probably A will not answer summons, OR (b) A has absconded/likely to, or is avoiding service of summons that’s been issued, OR (c) warrant is required/authorised by any other Act/for other good cause.
(4) if A fails to attend court on summons, court can then also issue warrant on application of DPP

Question 5

S175 service of summons (at least 14 days before specified date, personally)

Answer 5

(1) DPP must serve summons issued under s 174 at least 14 days before date specified, by personal service
(2) summons served on the A must be accompanied by (a) indictment copy, (b) if applicable, notice required by s 171(1),
(c) if corporate accused, notice that on non-appearance Court can (i) proceed with trial and (ii) determine matter

Question 6

S176 Warrant to be accompanied by indictment + notice

Answer 6

On execution of a warrant issued under section 174, the warrant must be accompanied by a copy of the indictment and, if applicable, a notice required by section 171(1).

Question 7

S177 DPP may discontinue a prosecution without adjudication (announcing/filing, at any time except during trial)

Answer 7

(1) DPP may discontinue against A by
(a) announcing it in court (inc by audio or AV link), OR
(b) filing in court written notice signed (by DPP) of such
(2) can be discontinued (a) at any time except during trial;
(b) whether or not indictment ats. Accused has been filed
(3) If indictment has not been filed, (1)(b) written notice must be filed in court to which accused has been committed for trial
(4) if disc. announced in-court, notice must then be filed ASAP
(5) DPP must serve this notice on (a) accused (b)(i) LP or (ii) next-of-kin if A dead (6) discontinuance is not acquittal (7) A can be indicted on discontinued charge

Question 8

S178 Release from custody on discontinuance of prosecution

Answer 8

(1) (a)-(b) if prosecution discontinued and person in custody in relation that charge, irrespective of whether person is in custody for any other reason, must immediately notify custodian of discontinuance
(2) and then release person IF not in custody for any other reason