Section 87 of Criminal Procedure Code CAP 75: Withdrawal from prosecution in trials before subordinate courts

    

In a trial before a subordinate court a public prosecutor may, with the consent of the court or on the instructions of the Director of Public Prosecutions, at any time before judgment is pronounced, withdraw from the prosecution of any person, and upon withdrawal—
(a) if it is made before the accused person is called upon to make his defence, he shall be discharged, but discharge of an accused person shall not operate as a bar to subsequent proceedings against him on account of the same facts;
(b) if it is made after the accused person is called upon to make his defence, he shall be acquitted.


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