Justices Act 1886

If at the hearing of a complaint, it appears to the justices that—

there is a defect therein, in substance or in form, other than a noncompliance with the provisions of section 43; or

there is a defect in any summons or warrant to apprehend a defendant issued upon such complaint; or

there is a variance between such complaint, summons or warrant and the evidence adduced at the hearing in support thereof;

if an objection is taken for any such defect or variance—the justices shall; or

if no such objection is taken—the justices may;

Subsection (3) applies if the justices consider the offence charged in the complaint is also 1 of the following offences (each a relevant domestic violence offence) but the complaint does not include a statement to that effect—

a domestic violence offence;

a domestic violence offence committed against a child;

a domestic violence offence that exposed a child to domestic violence.

Without limiting subsection (1), the court may order that the complaint be amended to state the offence is also a relevant domestic violence offence.