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Clause 161 Direct indictment commences criminal proceeding

The filing of a direct indictment commences a criminal proceeding.

1See the definition of direct indictment in section 3. This includes an indictment filed after the Magistrates' Court declines to commit an accused for trial in respect of the offence charged in the indictment or a related offence.

2A criminal proceeding may also be commenced—

(a)in accordance with section 6; or

(b)by a direction under section 362 that a person be tried for perjury.