CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976 - SECT 12 Prosecutions
CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976 - SECT 12
Prosecutions(1) Subject to subsection ( 2), a prosecution for an offence against this Act shall be on indictment.
(2) Where the law of a State or Territory makes provision for a person who pleads guilty to a charge in proceedings for the person's commitment for trial on indictment to be committed to a higher court and dealt with otherwise than on indictment, a person charged in that State or Territory with an offence against this Act may be dealt with in accordance with that law.
(3) Proceedings for the commitment of a person for trial on indictment for an offence against this Act shall not be instituted except with the consent in writing of the Attorney - General or a person authorized by the Attorney - General, by instrument in writing, to give such consents.
(4) Notwithstanding that a consent has not been given in relation to the offence in accordance with subsection ( 3):
(a) a person may be charged with an offence against this Act;
(b) a person may be arrested for an offence against this Act, and a warrant for such an arrest may be issued and executed; and
(c) a person so charged may be remanded in custody or on bail;
but no further step in proceedings referred to in subsection ( 3) shall be taken in relation to the offence until such a consent has been given.
(5) Nothing in subsection ( 4) prevents the discharge of
the accused if proceedings are not continued within a reasonable time.