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POLICE SERVICE ADMINISTRATION ACT 1990 - SECT 5AA.10
Prosecuting authority to notify commissioner about committal, conviction etc.
5AA.10 Prosecuting authority to notify commissioner about committal,
conviction etc.
(1) This section applies if a person is charged with an indictable offence and
the director of public prosecutions is aware that the person is engaged by the
service.
(2) The director of public prosecutions must give the commissioner
written notice of the person’s name and the following particulars within 7
days after the director of public prosecutions becomes aware of the
particulars— (a) if the person is committed by a court for trial for an
indictable offence— (i) the court committing the person for trial; and
(ii)
particulars of the offence with which the person is charged; and
(iii) the
date of the committal; and
(iv) the court to which the person was committed;
(b) if the person is convicted before the Supreme Court or the District Court
of an indictable offence— (i) the court convicting the person; and
(ii)
particulars of the offence; and
(iii) the date of the conviction; and
(iv)
the sentence imposed by the court;
(c) if the person is convicted of an
indictable offence, and has appealed the conviction, and the appeal is finally
decided or has otherwise ended— (i) particulars of the offence of which the
person is convicted; and
(ii) the date the appeal was decided or otherwise
ended; and
(iii) if the appeal was decided— (A) the court in which it was
decided; and
(B) particulars of the decision;
(d) if the prosecution process
ends without the person being convicted of an indictable offence— (i) if
relevant—the court in which the prosecution process ended; and
(ii)
particulars of the offence with which the person was charged; and
(iii) the
date the prosecution process ended.
(3) For subsection (2) (d) , a
prosecution process ends if— (a) an indictment is presented against the
person and— (i) a nolle prosequi is entered on the indictment; or
(ii) the
person is acquitted; or
(b) the prosecution process has otherwise ended.
(4)
A reference in this section to a conviction of an indictable offence includes
a summary conviction of an indictable offence.
(5) Subsection (1) does not
apply if the person is charged by a police officer.
(6) Subsection (2) (a)
does not apply if the prosecutor appearing is a police officer.
(7)
Subsection (2) (d) does not apply if the prosecution process ends while a
police officer is in charge of the prosecution.
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