Section 369A — Crimes Act 1961: Prosecution may withdraw in certain cases

369A Prosecution may withdraw in certain cases (1) Where, on an application under section 109(1)(d) of the Evidence Act 2006 , leave is granted to the accused to put any question relating to the identity of a witness called by the prosecutor, the prosecutor may forthwith inform the Judge that the prosecution does not intend to proceed with the indictment, or with any particular count in the indictment. (2) In such a case the Court shall give judgment that the accused be discharged from the indictment or from that count, and every such judgment shall be deemed to be an acquittal. Section 369A was inserted, as from 30 September 1986, by section 2 Crimes Amendment Act (No 3) 1986 (1986 No 75). Subsection (1) was amended, as from 1 August 2007, by section 216 Evidence Act 2006 (2006 No 69) by substituting “ section 109(1)(d) of the Evidence Act 2006 ” for “ section 13A(6)(d) of the Evidence Act 1908 ” . See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190).