SEPTEMBER 6 — One can only empathise with Court of Appeal Judge Collin Lawrence Sequerah for having had to deal with the vexed issue whether to order a discharge amounting to an...
SEPTEMBER 6 — One can only empathise with Court of Appeal Judge Collin Lawrence Sequerah for having had to deal with the vexed issue whether to order a discharge amounting to an acquittal or discharge not amounting to an acquittal under Section 254 of the Criminal Procedure Code .
At any stage of any trial before a sessions court or a magistrate’s court before the delivery of judgment, the officer conducting the prosecution may, if he thinks fit, inform the court that he does not propose further to prosecute the accused upon the charge, and thereupon all proceedings on the charge against the accused may be stayed by leave of the court and, if so stayed, the accused shall be discharged of and from the same.
The section envisages two scenarios where a trial may come to a premature end because the PP has made up his mind in declining ‘to prosecute further’. First, under subsection where the prosecution is by the PP; second, under subsection where the prosecution is by a PO and such prosecution is before either the sessions or magistrates court.
In Mary Lim FCJ’s view, by subsection “the court has to specifically direct that the discharge does not amount to an acquittal.This is the plain and clear meaning of s 254.”
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