An information (the formal charge sheet) may only be filed in the Supreme Court or District Court in the name of the Director of Public Prosecutions (DPP) [Criminal Procedure Act 1921 (SA) s 103]. Lawyers from the Office of the DPP prosecute matters on behalf of the State.

If the DPP considers the case against the defendant is not strong enough, they can decide not to lay an information and the case will come to an end [Criminal Procedure Act 1921 (SA) s 122]. The DPP may also, at a later stage after the first arraignment, decide not to proceed with the case. The prosecution then formally tells the Court and the defendant that they will not prosecute the case any further by announcing a nolle prosequi (no prosecution) at the Court.