STAY OF PROCEEDINGS POSSIBLE

Dominion, Volume 37, Issue 229, 24 June 1944, Page 8

STAY OF PROCEEDINGS POSSIBLE

Attempted Murder Charge (By Telegraph.—Press Association.i CHRISTCHURCH. June 23. A little-known power of the AttorneyGeneral to direct that proceedings be stayed against a person charged with an indictable offence before the accused has been committed for trial mav be used in the case of John Arthur Carey, aged 17. who is charged with attempted murder of Isobel May Howard at Mount Nimrod last January. When the case was called in the Magistrates’ Court yesterday. Chief Detective H. Nuttall informed the magistrate. Mr. Levvey, that the file had been forwarded to the Commissioner of Police to submit it to the Attorney-General. Mr. Mason, for consideration whether he should exercise authority given him by the Statutes Amendment Act of 1938. In the meantime a remand of one week was granted.

Power to stay proceedings, in effect not to proceed with a charge, is given by section 24 of the Statutes Amendment Act, 1938, which provides: “The Attor-ney-General may at any time after a person has been charged with an indictable offence, and before that person has been committed to the Supreme Court for trial or for sentence, direct that an entrv be made in the criminal record book that the proceedings are to be stayed by his direction, and on such entry being made proceedings shall be stayed accordingly.”