Section 63A of the Criminal Procedure Act 1986 (NSW) applies to all indictments, including those containing ex officio counts on which there has been no committal for trial. The substitution of an indictment by a new indictment adding counts constitutes an 'amendment' within s 63A(3), requiring leave or consent. A Basha inquiry may be an adequate substitute for committal proceedings when assessing whether leave should be granted, though this is a matter of discretion depending on the circumstances of the case. The dissent of Smart AJ signals that in cases involving a substantial shift in the Crown case with numerous graver charges against a new complainant relating to events long ago, a Basha inquiry may be inadequate.
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