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Criminal Procedure Act 2011

General provisions - Solicitor-General's responsibility for oversight and conduct of certain prosecutions

192: Power of Solicitor-General or Crown prosecutor to withdraw charge

You could also call this:

"The Solicitor-General or Crown prosecutor can stop a charge without going to court, but sometimes they need the court's okay."

Illustration for Criminal Procedure Act 2011

The Solicitor-General or a Crown prosecutor can withdraw a charge without the court's permission. You can think of a charge like an accusation of doing something wrong. They can do this after filing a notice under section 189 and before the trial, as long as it's within a certain time period.

If the Solicitor-General or a Crown prosecutor wants to withdraw all the charges, they need the court's permission to do so. The court can then decide whether to let them withdraw the charges or dismiss them under section 147.

When the Solicitor-General or a Crown prosecutor files a notice to withdraw a charge, the charge is officially withdrawn. If a charge is withdrawn, it doesn't mean that the matter is closed forever - another proceeding can still happen about the same thing.

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Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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191: Power of Solicitor-General or Crown prosecutor to add new charges, or

"The Solicitor-General or Crown prosecutor can add new charges to a case without the court's permission."

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192A: Power of Solicitor-General or Crown prosecutor to join charge or charges, or

"The Solicitor-General or Crown prosecutor can combine charges to be heard together in court without asking the court first."

Part 5General provisions
Solicitor-General's responsibility for oversight and conduct of certain prosecutions

192Power of Solicitor-General or Crown prosecutor to withdraw charge

  1. Without leave of the court and despite section 146(1), on filing a notice under section 189 in relation to a proceeding, or before the trial and within any prescribed period after filing that notice, the Solicitor-General or a Crown prosecutor may file in the court hearing the proceeding a notice to withdraw any charge to which that proceeding relates.

  2. Despite subsection (1), the Solicitor-General or a Crown prosecutor may only file a notice to withdraw all of the charges to which a proceeding relates with the leave of the court.

  3. If the Solicitor-General or a Crown prosecutor seeks to withdraw all the charges, the court may—

  4. give leave for the notice to withdraw the charges to be filed; or
    1. dismiss the charges under section 147.

      1. A charge is withdrawn under this section on the filing of a notice to withdraw the charge.

      2. The withdrawal of a charge under this section is not a bar to any other proceeding in the same matter.