Where a criminal court finds it has no jurisdiction over the accused, what does this provision require the court to do with the case?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the papers bringing the case to the court, the documents showing the accused's status or nationality on which the jurisdiction question turns, and the judgment to see whether a dismissal of the prosecution was pronounced.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the command as absolute: where there is no jurisdiction over the accused, the court must, by judgment, pronounce dismissal of the prosecution, since the provision requires it of every head in its list rather than permitting it.
Another reading marks what the provision does not settle: it names jurisdiction over the accused only, and says nothing about who raises its absence, at what stage it must be raised, or whether the court must find it of its own motion.
Your judgment
What in the papers could show that the court had no jurisdiction over the accused, as distinct from any question about the case itself?
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 which grounds require dismissal to be pronounced, or if a court decision sets when a court must raise the absence of jurisdiction over the accused on its own motion.