(1) When no indictment has been preferred, or the proceedings have not been stayed, or if the prosecutor does not appear to prosecute the indictment against the accused before the close of the session at which the trial is to take place, the accused may move the Court to discharge him or her and, when the accused or any other person on his or her behalf is bound by recognizance for his or her appearance to take his or her trial, may move that the recognizance be discharged.
(2) Where the indictment is at the instance of a private prosecutor, the accused may move the Court that the private prosecutor and his or her sureties be called on their recognizance and in default of his or her appearance, that the recognizance be forfeited.
(3) The accused may also apply to the Court for an order directing that the private prosecutor pay the costs incurred by him or her in preparing his or her defence.
(4) Nothing in this section is to be taken to deprive the Director of Public Prosecutions of the right of withdrawing any indictment at any time before the accused is given in charge to the jury and of presenting a fresh indictment before the Court.
(5) Neither the discharge from imprisonment nor the expiration of the recognizance shall be a bar to the person being brought to trial in any competent Court for any offence for which he or she was previously committed to a correctional facility or admitted to bail.