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WEDNESDAY, JANUARY 29, 1992

SAID MR ASPREY

THE GOVERNMENT REQUIREMENTS FOR NATIONALS OF NORTH KOREA.

HAD

MAINTAINED

VISAS WILL BE ISSUED ONLY FOR BUSINESS VISITS; THE TO ISSUE SUCH VISAS IS NORMALLY SIX WEEKS.

TWO WAYS TO DISCONTINUE CRIMINAL CASES IN HIGH COURT

PREVIOUS

TIME TAKEN

— —

CRIMINAL CASES IN THE HIGH COURT CAN BE DISCONTINUED BY OR ON THE INSTRUCTION OF THE ATTORNEY GENERAL IN TWO WAYS BY OFFERING OF NO EVIDENCE SO THAT AN ACQUITTAL WOULD FOLLOW, AND THE ENTRY OF A NOLLE PROSEQUI.

THE

A

ATTORNEY GENERAL, THE HON JEREMY WRITTEN REPLY TO A QUESTION BY

THIS WAS STATED BY

MATHEWS, TODAY (WEDNESDAY) IN

THE HON JAMES TO.

MR MATHEWS SAID NO STATISTICS WERE KEPT OF CASES IN WHICH NO EVIDENCE WAS OFFERED.

STATISTICS FOR THE ENTRY OF A NOLLE PROSEQUI HAD BEEN KEPT SINCE 1986, IN THE PERIOD FROM JANUARY 1, 1986 ΤΟ DATE, A NOLLE PROSEQUI WAS ENTERED IN 26 CASES IN THE HIGH COURT.

ON THE REASONS FOR DECIDING EITHER NOT TO LAY CHARGES OR TO DISCONTINUE PROCEEDINGS, MR MATHEWS SAID THE FACTORS THAT WERE TAKEN INTO ACCOUNT WHEN DECIDING WHETHER OR NOT TO PROSECUTE IN A PARTICULAR CASE WERE GIVEN BY HIS PREDECESSOR IN THE LEGISLATIVE COUNCIL ON MARCH 25, 1987 AND THEY STILL APPLIED TODAY.

HE NOTED THAT THE CIRCUMSTANCES IN WHICH A NOLLE PROSEQUI MIGHT BE ENTERED WERE DESCRIBED BY HIM IN THE COUNCIL ON JANUARY 18, 1989.

"IN DECIDING WHETHER OR NOT TO COMMENCE PROCEEDINGS OR ΤΟ DISCONTINUE PARTICULAR PROCEEDINGS THAT HAVE ALREADY BEEN COMMENCED, THE ATTORNEY GENERAL, OR HIS PROSECUTING COUNSEL WHERE RELEVANT, MAY CONSULT THE APPROPRIATE AUTHORITIES TO SEEK THEIR VIEWS BUT THE DECISION REMAINS THAT OF THE ATTORNEY GENERAL.

"UNTIL 1989, A NOLLE PROSEQUI COULD BE SIGNED BY THE CROWN PROSECUTOR OR ONE OF HIS DEPUTIES UNDER DELEGATED AUTHORITY, BUT THE CURRENT PRACTICE IS FOR THE ATTORNEY GENERAL PERSONALLY ΤΟ DECIDE WHETHER OR NOT TO ENTER A NOLLE PROSEQUI, MR MATHEWS SAID.

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