Section 346 — Crimes Act 1961: Failure of prosecutor to file indictment

346 Failure of prosecutor to file indictment (1) If the prosecutor does not file an indictment within the 42-day period referred to in section 345A of this Act or within such further time as may be allowed under section 345B of this Act, the Court may direct that the accused be discharged. (2) A discharge under this section shall be deemed to be an acquittal. (3) In such a case involving a private prosecution, the Court may order the prosecution to pay the costs of the accused. Section 346 was substituted, as from 1 March 1996, by section 3 Crimes Amendment Act (No 2) 1995 (1995 No 68). See section 5 of that Act for the savings provision relating to indictments. See clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1).