Commonwealth Consolidated Acts

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CRIMES (TORTURE) ACT 1988 - SECT 8

Prosecutions

             (1)  Proceedings for an offence against this Act shall not take place except with the consent in writing of the Attorney‑General.

             (2)  Notwithstanding that a consent in accordance with subsection (1) has not been given in relation to an offence against this Act:

                     (a)  a person may be arrested for the offence, and a warrant for the arrest of a person for the offence may be issued and executed;

                     (b)  a person may be charged with the offence; and

                     (c)  a person so charged may be remanded in custody or on bail;

but no further step in proceedings referred to in subsection (1) shall be taken until such a consent has been given.

             (3)  Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.



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