National Prosecuting Authority Act Overview

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What is the main basis on which the NPA's discretion to prosecute can be reviewed by courts?

Failure to apply their mind

What is the duty of a prosecutor when there is a prima facie case against the accused?

To definitely prosecute the accused

When deciding to prosecute, what level of certainty is required from the prosecution as per the text?

Prima facie case only

What allows the prosecution to reinstate a withdrawn charge at a later date according to the text?

<p>Legal entitlement under s.6(a) of CPA</p> Signup and view all the answers

What standard of proof is required for deciding to prosecute according to the text?

<p>Clear and convincing evidence</p> Signup and view all the answers

What can lead to a review of the NPA's discretion by courts according to the text?

<p>Mala fides in decision-making</p> Signup and view all the answers

What level of certainty is NOT required when deciding to prosecute as per the text?

<p>$rac{9}{10}$ certainty</p> Signup and view all the answers

Under what circumstances can a withdrawn charge be reinstated according to the text?

<p>After a guilty plea from the accused</p> Signup and view all the answers

What duty does a prosecutor have when faced with a prima facie case according to the text?

<p>To prosecute unless there is a compelling reason not to</p> Signup and view all the answers

What must be proved for courts to review the NPA's discretion according to the text?

<p>Failure to apply their mind</p> Signup and view all the answers

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