Right of Director of Public Prosecutions to enter of nolle prosequi

(1) At any time after receiving the documents referred to in section 49, the Director of Public Prosecutions may enter nolle prosequi either by stating in court or by informing the court in writing that the Crown intends that the proceedings shall not continue and, thereupon, the accused person shall be at once discharged in respect of the charge for which nolle prosequi is entered, and if he has been committed to prison, shall be released, or if he is on bail, his recognisance shall be discharged, but his discharge shall not operate as a bar to any subsequent proceedings against him on the same facts. enter nolle 104 (2) If the accused is not before the court when nolle prosequi is entered, the Registrar shall cause notice in writing of the entry to be given to the keeper of the prison in which the accused is detained, and also to the magistrate of the district in which he was committed for trial, and the magistrate shall forthwith cause a similar notice in writing to be given to any witnesses bound over to give evidence at the trial and to the accused and his sureties if he has been admitted