1095
In the event that an opinion for an order of non-prosecution is proposed, only the file together with the opinion shall be sent to a public prosecutor. As regards the offender, the inquiry official shall have the power to grant a release or provisional release. If the offender is being detained, he shall apply to the court himself for his release or ask a public prosecutor to so apply.
In the event that an opinion for an order of prosecution is proposed, the inquiry official shall send the file together with the offender to a public prosecutor, save where the offender has already been detained.
But if it is an offence which the inquiry official may settle and the offender has already complied with the settlement, such settlement shall be recorded and sent to a public prosecutor together with the file.
Section143.Upon receipt of the opinion and file from the inquiry official as mentioned in the previous section, the public prosecutor shall follow the following:
(1)in the event where he opines that non-prosecution should be ordered, he shall order non-prosecution or order the inquiry official to continue the inquiry, or shall order prosecution and notify the inquiry official to send the alleged offender forwards for further prosecution, as the case may be;
