Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p15
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 15/48)
Character Range: 49494–52176

of the methods in subrule 1.21(1). Paragraph (1)(c) of this rule limits the method by which an amended indictment may be lodged for filing.

Replacements before the start of the trial
 (3) If the prosecutor wants to replace an indictment in relation to an accused before the start of the trial, the prosecutor must file a new indictment in accordance with rule 3.01.
Note 1: An indictment may be replaced under section 23BH of the Act. Leave of the Court is required to replace an indictment under section 23BH of the Act if the 90 day period ending on the date set for the start of the trial has started.
Note 2: Rule 3.01 requires an indictment to be filed by electronic communication.
 (4) The new indictment:
 (a) must not:
 (i) be described as a replacement indictment; or
 (ii) include any reference to the replaced indictment; and
 (b) must be accompanied by a document stating:
 (i) that the new indictment replaces the replaced indictment; and
 (ii) the date on which the replaced indictment was filed.
 (5) The prosecutor must serve a stamped copy of the document referred to in paragraph (4)(b) on the accused with the stamped copy of the new indictment.
Note: Rule 3.02 requires the prosecutor to personally serve a stamped copy of the indictment (and related documents) on the accused.

Amendments or replacements after the start of the trial
 (6) If the prosecutor amends or replaces an indictment in relation to an accused after the start of the trial, the Court may give directions about filing and service of the amended or replaced indictment.
Note: Leave of the Court is required to amend or replace an indictment after the start of a trial—see subsection 23BH(2) of the Act.

Court may direct replacement indictment to be filed
 (7) The Court may direct the prosecutor to file a new indictment instead of amending an indictment.

Division 3.2—Pre‑trial matters—hearings and disclosure

3.08  Notice of pre‑trial hearing
  After an indictment is filed, the Court may fix a day for a first pre‑trial hearing in relation to the indictment.
Note: If the Court notifies the prosecutor and the accused in writing of a pre‑trial hearing in relation to an indictment, the prosecutor and the accused must attend the hearing—see paragraph 23CA(a) of the Act.

3.09  Filing requirements for pre‑trial and ongoing disclosure
  If the Court makes an order relating to disclosure by a party (the disclosing party) under subsection 23CD(1) of the Act, the Court may direct the disclosing party to file a copy of any or all documents the disclosing party gives another party in order to comply with the order.
Note: Documents may be filed electronically—see rules 1.23 and 1.21.