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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Stay of proceedings

176: Stay of proceedings

You could also call this:

"The Attorney-General can stop a court case at any time before a decision is made."

Illustration for Criminal Procedure Act 2011

The Attorney-General can stop a court case at any time after someone is charged with a crime and before the judge makes a decision. If the Attorney-General decides to stop the case, it is stopped. You can find more information about when the Attorney-General might make this decision in certain cases, such as those related to the Crown Law Office, in section 6 of the Crown Organisations (Criminal Liability) Act 2002. The Attorney-General must tell the court if they stop a case, but if they forget to tell the court, it does not change their decision. If the Attorney-General personally makes a decision to stop a case, they are in charge of that decision.

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Part 5General provisions
Conduct of proceeding: Stay of proceedings

176Stay of proceedings

  1. The Attorney-General may, at any time after a person has been charged with an offence and before judgment is given, direct that the proceedings be stayed.

  2. If a direction is given under subsection (1), the relevant proceedings are stayed.

  3. If a charge is filed against the Crown Law Office in respect of an offence referred to in section 6 of the Crown Organisations (Criminal Liability) Act 2002, any decision to issue a direction under subsection (1) in respect of the proceedings to which the charge relates must be made by the Attorney-General personally.

  4. The Attorney-General must give notice to the court if he or she gives a direction under subsection (1), but failure to give notice does not affect that direction.

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