Director of Public Prosecutions, and its use is normally in cases where there are problems with the evidence that would make it difficult for the case to proceed. The director may in theory pursue the prosecution later, but this rarely, if ever, happens. As the accused enjoys the presumption of innocence that all accused people enjoy until they are convicted, an entry of a nolle prosequi is equated with innocence. This power is quite widely used: 376 cases of rape, about one-quarter of the total of indictments for this offence, were ended by an entry of a nolle prosequi in 2013. Australia Although there are differences in practice between the different states and territories, the attorney-general, solicitor-general or designated law officer in each may enter a nolle prosequi, with the effects that the indictment is not proceeded with and the accused person is discharged. Although the general practice is not to revive the proceedings, this may be done if important new evidence comes to light or where it is in the interests of justice to do so. It is not uncommon for a nolle prosequi to be entered because the evidence available to the prosecution is often not reviewed by senior prosecuting counsel, and found to be inadequate a few days before the trial date, or a witness refuses to testify. Attempts by the prosecution to enter a nolle prosequi in order to avoid a trial which has started from reaching its conclusion, for example, where a jury may have signalled their likely verdict, where the case has gone badly for the prosecution or where the prosecutor has proceeded without an unavailable witness, have been regarded by the Australian courts as an abuse of process, as the prosecution may hope to reinstate the charges before a different jury or with the missing witness. This rule applies even if entering the nolle prosequi was not challenged when it was done. A number of other cases have been brought before the Australian courts, claiming that the reinstatement of charges after entry of a nolle prosequi is an abuse of process in other circumstances. None has succeeded, as the relevant circumstances did not constitute abuse, but the appellate court stated that there could be case where making a charge following the entering of a nolle could be oppressive and so an abuse of the court process. India In India this power is guided