The Nolle Prosequi
, first issued in 1555, is rarely used, with less than half a dozen applications made by defendants to the Attorney General every year.
37) The nolle prosequi
in Agee was based upon the fact that the witness was in a coma and the apparent absence of eyewitnesses to the crime.
First Politis reported how the deputy Attorney-general had issued a nolle prosequi
in the case of a young man who had taken delivery of 12kg of cannabis, delivered to him by a young woman from abroad.
Ms Broadhurst and her family refused to comment on the issue in her final years and the CPS were also reluctant to lift the nolle prosequi
order which would have required considerable pressure from law enforcement agencies.
But her unexpected recovery means she could face prosecution again as nolle prosequi
orders are not permanent.
He walked free from the Central Criminal Court after the DPP ordered that a nolle prosequi
be entered with his presumption of innocence still intact.
orders are used so rarely, even some legal experts struggle to explain their part in the legal process.
The Attorney General said that the case was halted using a discretionary power called nolle prosequi
The state entered a nolle prosequi
no prosecution in court yesterday on the original charge of soliciting a man to murder another man.
But after protracted legal arguments about her illness, the Attorney General issued the rare nolle prosequi
order which kept her out of the dock.
As a result of the medical evidence and other circumstances, the Attorney General Mr John Morris QC had intervened with a rarely-used procedure - nolle prosequi
- to effectively end the case.
Mr Pauline Walley SC told Judge Katherine Delahunt yesterday that the DPP had instructed her to enter a nolle prosequi
on the outstanding charge.
But Mrs Broadhurst was spared from appearing in the dock when the Attorney-General took the rare step of issuing an ancient nolle prosequi
order because she was said to be close to death.
The DPP was thrust into the spotlight in 2006 after entering a nolle prosequi
- a notice of abandoning the prosecution - in the retrial of Dermot Laide.