Section 126: Abuse of process – Nolle prosequi – Principles—The accused were
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
126. Abuse of process – Nolle prosequi – Principles—The accused were
prosecuted before the Intermediate Court for importing heroin. They pleaded
not guilty. A nolle prosequi was filed by the DPP. The accused contended
that the present proceedings were oppressive.
The Court has an inherent power to protect its process from abuse. This
power must include a power to safeguard an accused person from oppression or prejudice. The Court will refuse to allow an indictment to go for trial
where particular criminal proceedings constitute an abuse of the process.
State v Hussain Shaik (1994).