Crimes Act 1961

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345D Leave to file amended indictments
  • (1) A trial Judge may, at any time before the commencement of the trial, upon application by the prosecutor, grant leave to allow the prosecutor to file an amended indictment if it appears to the trial Judge that the filing of an amended indictment would be conducive to the ends of justice.

    (2) Without limiting the generality of subsection (1), leave may be granted under that subsection to allow the filed indictment to be amended by—

    • (a) amending any particulars; or

    • (b) removing or adding or substituting charges; or

    • (c) adding or removing the name of any accused.

    (3) An application under this section shall, unless a trial Judge otherwise directs,—

    • (a) be in writing; and

    • (b) include a statement of the reasons why an amendment to the filed indictment is necessary or be accompanied by a copy of the amended indictment in respect of which leave is sought.

    (4) An application under this section shall, unless a trial Judge otherwise directs, be served by the prosecutor on the accused at least 4 working days before the date fixed for the hearing of the application,—

    • (a) if the accused was represented by counsel at the committal proceedings for the charge or charges, or is known by the prosecutor to be represented by counsel or a solicitor, by leaving a copy of the application at the office of the counsel or solicitor or sending a registered letter addressed to the counsel or solicitor at his or her office:

    • (b) in any other case, by delivering a copy of the application personally to the accused or in such other manner as a trial Judge may direct.

    (5) Any application under this section may be made to a trial Judge when sitting in court or in chambers, and if the accused is represented by counsel, it is not necessary for the accused to be brought or appear before the trial Judge on the hearing of the application.

    (6) A Registrar may exercise the power conferred by subsection (1) if the accused has consented to the filing of an amended indictment, whether personally or by his or her counsel or solicitor.

    Section 345D: inserted, on 1 March 1996, by section 3 of the Crimes Amendment Act (No 2) 1995 (1995 No 68).

    Section 345D(4)(a): amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).