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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 20 : Preparatory Examination

139. Attorney-general may arraign accused for sentence or trial

 

After considering the record of a preparatory examination transmitted to him under section 137, the attorney-general may—

(a) in respect of any charge to which the accused has under section 131 pleaded guilty, arraign the accused for sentence before any court having jurisdiction;
(b) arraign the accused for trial before any court having jurisdiction, whether the accused has under section 131 pleaded guilty or not guilty to any charge and whether or not he has been discharged under section 135;
(c) decline to prosecute the accused,

and the attorney-general shall advise the lower court concerned of his decision.