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Ex officio Information (indictments)

Even if committal proceedings have not taken place, or if a magistrate has found during the committal proceedings that there is insufficient evidence to put a defendant on trial, the Director of Public Prosecutions may file a special information (known also as an indictment), called an ex officio information, against a person and that person must then stand trial in the normal manner in the District or Supreme Court.

Special sentencing provisions apply in relation to sentencing discounts when an ex officio information has been laid - see Sentencing Regulations 2018 (SA) reg 6.

See generally Director of Public Prosecutions Act 1991 (SA) s 7; R v Ratcliff, Stanfield and Utting (2007) 250 LSJS 226; [2007] SASC 297; R v Rushton [1967] VR 842.

Bringing a defendant to Court  :  Last Revised: Wed Feb 28th 2018
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