Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_23bh
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 23BH
Character Range: 13189–14374

23BH  Amending indictments

Amendments before a trial
 (1) The prosecutor may, in accordance with the Rules of Court, amend (or replace) an indictment in relation to an accused at any time during the proceedings before the start of a trial of the accused on the indictment.
Note: A trial starts when the accused is arraigned before a jury (see subsection 23FA(2)).

Amendments during a trial
 (2) During a trial of the accused on an indictment, the prosecutor may amend (or replace) the indictment in relation to the accused only with the leave of the Court.

Consequences of amending indictments
 (3) If the prosecutor replaces an indictment under subsection (1) or (2), the Court must dismiss the replaced indictment.
 (4) If an indictment is amended or replaced, the Court may make such orders as it thinks appropriate in the circumstances.
Note: If, for example, an indictment was amended to remove a count against the accused, the Court could discharge the accused in relation to that count.
 (5) This section does not affect the amendment of an indictment under other provisions of this Division.

Subdivision C—Pre‑trial matters (hearings, disclosure and quashing indictments)