Filing of fresh indictment
164 Filing of fresh indictment
In this section—
fresh indictment means an indictment which includes a charge for the same offence as an offence charged in an indictment previously filed in court against that accused or a related offence.
Nothing in section 163 prevents the filing of a fresh indictment.
The filing of a fresh indictment does not commence a new criminal proceeding.
On the filing of a fresh indictment against an accused, proceedings in relation to a charge for the same offence or a related offence in an indictment previously filed in court against that accused are discontinued.
Note
See the definition of related offences in section 3.
This Act’s bill:Explanatory memorandumSecond reading speech
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