s. 6 (b) a charge-sheet charging the offence has been S. 5(b) filed against the person, whether or not— amended by No. 68/2009 (i) a summons to answer to the charge; or s. 97(Sch. item 136.2). (ii) a warrant to arrest the person— has been issued and served. 6 When is a charge pending? (1) Subject to any regulations made under subsection (2), for the purposes of this Act a charge against a person for an offence is pending until the charge is finally dealt with in any of the following ways— (a) the charge is withdrawn or the person dies without the charge having been determined; (b) the charge is dismissed by a court; (c) the person is discharged by a court following a committal hearing; (d) the person is acquitted or found guilty of the S. 6(1)(d) amended by offence by a court; No. 51/2010 s. 3(1). (e) the person is discharged by the Magistrates' S. 6(1)(e) inserted by Court after completing a diversion program No. 51/2010 under section 59 of the Criminal Procedure s. 3(2). Act 2009. (2) The regulations may prescribe circumstances in which a charge against a person for an offence is not to be taken to be pending for the purposes of this Act. (3) A reference in this Act to the withdrawing of a S. 6(3) amended by charge includes a reference to the discontinuance No. 68/2009 of a prosecution. s. 97(Sch. item 136.3).
S. 5(b) amended by No. 68/2009 s. 97(Sch. item 136.2). (b) a charge-sheet charging the offence has been filed against the person, whether or not— (i) a summons to answer to the charge; or (ii) a warrant to arrest the person— has been issued and served. 6 When is a charge pending? s. 6 (1) Subject to any regulations made under subsection (2), for the purposes of this Act a charge against a person for an offence is pending until the charge is finally dealt with in any of the following ways— (a) the charge is withdrawn or the person dies without the charge having been determined; (b) the charge is dismissed by a court; (c) the person is discharged by a court following a committal hearing; S. 6(1)(d) amended by No. 51/2010 s. 3(1). (d) the person is acquitted or found guilty of the offence by a court; S. 6(1)(e) inserted by No. 51/2010 s. 3(2). (e) the person is discharged by the Magistrates' Court after completing a diversion program under section 59 of the Criminal Procedure Act 2009. (2) The regulations may prescribe circumstances in which a charge against a person for an offence is not to be taken to be pending for the purposes of this Act. S. 6(3) amended by No. 68/2009 s. 97(Sch. item 136.3). (3) A reference in this Act to the withdrawing of a charge includes a reference to the discontinuance of a prosecution.
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