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s 8

Order for amendment of charge-sheet

In force
Chapter 2Commencing a criminal proceeding
Part 2.2Charge-sheet and listing of matter

8 Order for amendment of charge-sheet

(1)

The Magistrates' Court at any time may order that a charge-sheet be amended in any manner that the court thinks necessary, unless the required amendment cannot be made without injustice to the accused.

(2)

If a charge-sheet is amended by order under this section, the charge-sheet is to be treated as having been filed in the amended form for the purposes of the hearing and all proceedings connected with the hearing.

(3)

An amendment of a charge-sheet that has the effect of charging a new offence cannot be made after the expiry of the period, if any, within which a proceeding for the offence may be commenced.

(4)

If a limitation period applies to the offence charged in the charge-sheet, the charge-sheet may be amended after the expiry of the limitation period if—

(a)

the charge-sheet before the amendment sufficiently disclosed the nature of the offence; and

(b)

the amendment does not amount to the commencement of a proceeding for a new offence; and

(c)

the amendment will not cause injustice to the accused.

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Criminal Procedure Act 2009 s 8 — Order for amendment of charge-sheet (Victoria) — Barrister AI