s.83Withdrawal of complaint
83
Section 83Part 4 — Procedure in Trials before the Summary Court

Withdrawal of complaint

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With the leave of the court and notwithstanding any other provisions in this Part, the prosecutor may, at any time before a final order is passed, in any case triable summarily and in which the accused person has pleaded not guilty, withdraw the complaint.
On any withdrawal as aforesaid —
where the withdrawal is allowed after the accused person is called upon to make the accused person's defence, the court shall acquit the accused;
where the withdrawal is allowed before the accused person is called upon for the accused person's defence, the court shall, subject to section 70, in its discretion make —
an order acquitting the accused;
an order discharging the accused.
An order discharging the accused under paragraph (b)(ii) of subsection (2) shall not operate as a bar to subsequent proceedings against the accused person on account of the same facts.

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