Legal Questions

What are the limitations on the control by the Court?

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The limitations are:

  1. Prosecution is entitled to Notice of hearing
  2. The Court must Await the result of a petition for review
  3. The prosecution’s stand to maintain prosecution should be Respected by the court
  4. The ultimate Test of the court’s independence is where the prosecutor files a motion to dismiss or withdraw the information
  5. The Court has authority to review the Secretary’s recommendation and reject if it there is grave abuse of discretion.
  6. To reject or grant a motion to dismiss, the court must make its own Independent assessment of the evidence.
  7. Judgment is void if there is No independent assessment and finding of grave abuse of discretion.


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