Document ID: chunk:federal_register_of_legislation:C2012C00358:section:8
Version: federal_register_of_legislation:C2012C00358
Segment Type: section
Provision Reference: s 8
Character Range: 5384–7782

8  Powers of Special Prosecutor

 (1) For the purposes of the performance of his or her functions, a Special Prosecutor is entitled to prosecute by indictment in his or her own name indictable offences against the laws of the Commonwealth or of the Territories but nothing in this subsection prevents a Special Prosecutor from prosecuting an offence against the laws of the Commonwealth or of the Territories in any other manner.

 (2) Where a person is under commitment on a charge of an indictable offence against the laws of the Commonwealth or of a Territory, being a prosecution instituted or carried on by a Special Prosecutor, that Special Prosecutor may decline to proceed further in the prosecution and may, if the person is in custody, by warrant under his or her hand direct the discharge of the person from custody, and where such a direction is given, the person shall be discharged accordingly.

 (3) Nothing in this Act affects, or shall be taken to have affected:
 (a) the power of the Attorney‑General, or of a person appointed by the Governor‑General, to prosecute by indictment in his or her own name indictable offences against the laws of the Commonwealth;
 (b) the power of the Attorney‑General, or of a person appointed by the Attorney‑General, to prosecute by information in his or her own name an indictable offence triable before the Supreme Court of the Australian Capital Territory;
 (c) the power of the Director of Public Prosecutions:
 (i) to prosecute by indictment in his or her official name indictable offences against the laws of the Commonwealth; or
 (ii) to prosecute by information in his or her official name an indictable offence triable before the Supreme Court of the Australian Capital Territory;
 (d) the power under section 61 of the Judiciary Act 1903 of the Attorney‑General or of a person appointed by the Attorney‑General;
 (e) the power under section 71 of the Judiciary Act 1903 of the Attorney‑General or of a person appointed by the Governor‑General;
 (f) the power under subsection 53(6) of the Australian Capital Territory Supreme Court Act 1933 of the Attorney‑General or of a person appointed by the Attorney‑General; or
 (g) the power of the Director of Public Prosecutions under subsection 9(4) of the Director of Public Prosecutions Act 1983.

 (4) In this section, Special Prosecutor includes a person acting as a Special Prosecutor.