Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to the next succeeding subsection, an indictable offence triable before the Supreme Court shall be prosecuted by information in the name of the Attorney - General or of such other person as the Attorney - General, by instrument in writing, appoints for the purposes of this subsection.
(2) The Attorney - General may file an information under the last preceding subsection without examination or commitment for trial of the accused person.
(3) Upon an information being filed without examination or commitment for trial, the Supreme Court or the Judge may:
(a) cause a summons to be issued to the accused person to appear at the time and place specified in the summons and there to answer the charge specified in the information; or
(b) issue a warrant for the arrest of the accused person and hold him in custody or admit him to bail.
(3A) Nothing in subsection ( 1):
(a) affects the power of the Director of Public Prosecutions to prosecute by information in his official name; or
(b) affects, or shall be taken to have a ffected, the power of a Special Prosecutor to prosecute by information in his own name; an indictable offence triable before the Supreme Court.
(4) Where a person has been committed for trial upon a charge for an indictable offence triable before the Supreme Court, the information against the person may include, either in substitution for, or in addition to, a count charging the offence for which he was committed, a count founded on a fact or evidence disclosed in the course of the committal proceedings.
(5) The last preceding subsection does not authorize the inclusion of more than one count in the same information unless those counts are such as may lawfully be joined in the one information.
(6) Where a person is under commitment upon a charge of an indictable offence triable before the Supreme court, the Attorney - General, or such other person as the Attorney - General, by instrument in writing, appoints for the purposes of this subsection, may decline to proceed further in the prosecution and, if the accused person is in custody, may, by warrant under his hand, direct the discharge of the accused person from custody, and the accused person shall be discharged accordingly.
(7) Nothing in subsection ( 6):
(a) affects the power under subsection 9 (4) of the Director of Public '' Prosecutions Act 1983 of the Director of Public Prosecutions; or
(b) affects, or shall be taken to have affected, the power under subsection 8 (2) of the Special Prosecutors Act 1982 of a Special Prosecutor.