Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 696

696 Warrant for release of person detained in custody

(1) This section applies if—

(a) a person (the
"accused" ) is detained in custody on a charge of an indictable offence; and

(b) a decision has been made not to proceed with the charge.

(2) The Attorney-General may issue a warrant for the accused’s release from custody in relation to the charge.

(3) The warrant must be—

(a) signed by the Attorney-General; and

(b) addressed to the person having custody of the accused.

(4) The warrant authorises the person having custody of the accused to release the accused from custody immediately in relation to the charge stated in the warrant.

(5) However, the accused must not be released from custody if the accused is otherwise lawfully detained.