Once the court has received a prosecutor-requisition application, what must it do, within what period, and on what two outcomes?
General information · Not legal advice
Material to check
In a practice file, the papers to read are the requisition application as filed, the court's record showing the day it was received, and the court's decision itself, since the period the provision sets runs from that day of receipt and the decision takes one of only two forms.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that on receiving the application the court must, within the period the provision sets, decide by following the procedure applied mutatis mutandis to an appeal, dismissing the application where it breaches the required legal form or has no grounds, and deciding to prosecute where it is well founded.
Another reading notes that the provision only allows the court to examine evidence 'where necessary', so it commits the court to no hearing or particular inquiry, leaving open how much of the file a court must look at before finding that an application has or lacks grounds.
Your judgment
What in the papers would show whether the court found the application groundless outright, or only that its reasons did not carry the day?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the period for the decision, the court's power to examine evidence, or the grounds for dismissal, or if a court decision explains what counts as a well-founded application.