High Court of Malawi Criminal Division - 1994 April

1 judgment

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1 judgment


April 1994
Kanyemba v R (Criminal Appeal 25 of 1993) [1994] MWHCCrim 5 (22 April 1994) Appeal allowed: absence of Inspector General's order did not void prosecution, but proceedings should have been stayed under s.161. Criminal law — Prosecution of police officers — Police Act s.47 and s.39 — written Inspector General order not required for non-disciplinary offences; discretion to stay/terminate proceedings under s.161 where disciplinary context and mitigating circumstances justify relief.	22 April 1994

April 1994

Appeal allowed: absence of Inspector General's order did not void prosecution, but proceedings should have been stayed under s.161.

Criminal law — Prosecution of police officers — Police Act s.47 and s.39 — written Inspector General order not required for non-disciplinary offences; discretion to stay/terminate proceedings under s.161 where disciplinary context and mitigating circumstances justify relief.

22 April 1994

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