Section 11Part 3 — General Provisions Relating to Criminal Investigations and Proceedings
Power of Director of Public Prosecutions to enter nolle prosequi
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11. (1) In any proceedings against any person, and at any stage thereof before verdict or judgment, as the case may be, the Director of Public Prosecutions may enter a nolle prosequi, either by stating in court or by informing the court in writing that the Crown intends that the proceedings, whether undertaken by the Director of Public Prosecutions or by any other person or authority, shall not continue, and thereupon the accused person shall be at once discharged in respect of the charge for which the nolle prosequi is entered, and if the accused person has been committed to prison shall be discharged; but such discharge of an accused person shall not operate as a bar to any subsequent proceedings against that person on account of the same facts.
If the accused person is not before the court when such nolle prosequi is entered, the Clerk shall forthwith cause notice in writing of the entry of such nolle prosequi to be given to the officer in charge of the prison in which such accused person is detained and also, if the accused person has been committed for trial, to the Summary Court and the clerk thereof shall forthwith cause a similar notice in writing to be given to any person bound over to prosecute or give evidence and to their sureties, if any, and also to the accused and the accused’s sureties in case the accused shall have been admitted to bail.