Text as at 1 July 2026

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178 Release from custody on discontinuance of prosecution

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Explained inBill clause 178

(1)If—

(a)a prosecution for a charge against a person is discontinued under section 177; and

(b)the person is in custody in relation to that charge, irrespective of whether the person is in custody for any other reason—

the DPP must immediately notify the person who has legal custody of the person that the prosecution has been discontinued.

(2)On notification being given under subsection (1), the person in custody is to be released, if the person is not in custody for any other reason.

See Part 1A of the Corrections Act 1986 and section 483 of the Children, Youth and Families Act 2005 as to who has legal custody.