Section 338 of the Crimes Act 1900 is Restrictions on Prosecutions for Perjury and is extracted below.
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Section 338 of the Crimes Act 1900 deals with the offence of ‘Restrictions on Prosecutions for Perjury’ and reads as follows:
338 Restrictions on Prosecutions for Perjury
(1) A person is not to be prosecuted for perjury except:
(a) by the Director of Public Prosecutions, or
(b) at the direction of the Attorney General, or
(c) by any other person with leave of the judicial officer who constituted the judicial tribunal before which the perjury is alleged to have been committed.
(2) If it is impossible or impracticable to apply for leave to prosecute in accordance with subsection (1) (c), the prosecution may be instituted with leave of the Supreme Court.
(3) A person is not to be prosecuted for perjury (except by the Director of Public Prosecutions or at the direction of the Attorney General) unless notice of the proposed prosecution has been given to the Director of Public Prosecutions.
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