Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p14
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 14/48)
Character Range: 47120–49731

Note: If a court makes an order committing an accused for sentencing before the Court for an indictable offence, the court is taken to have made an order committing the accused for trial before the Court and the accused is taken to have entered a plea of guilty—see section 23GB of the Act.
 (2) If the Court makes an order under subrule (1) in relation to committal papers, the Court may make orders relating to service of the committal papers.

3.05  Accused to file notice of address for service
  An accused who has been served with an indictment must, as soon as practicable, file a notice of address for service.
Note: The filing of a notice of address for service does not amount to a submission to the jurisdiction of the Court.

3.06  Form of application for order discharging accused
 (1) An accused who wants an order discharging the accused under subsection 23BG(1) of the Act must file an application in accordance with Form CP17.
 (2) The application must be accompanied by an affidavit stating that no indictment has been filed within the time required by section 23BF of the Act.
 (3) A copy of the committal order must be attached to the affidavit.
 (4) The accused must serve a stamped copy of the application and the accompanying affidavit on the prosecutor at the address nominated by the prosecutor in the court in which the committal order was made.

3.07  Amending or replacing indictments

Amendments before the start of the trial
 (1) If the prosecutor wants to amend an indictment in relation to an accused before the start of the trial, the prosecutor must:
 (a) make the amendment on the indictment; and
 (b) write the date of the amendment on the indictment; and
 (c) file the amended indictment by lodging it by electronic communication in accordance with paragraph 1.21(1)(d); and
 (d) serve a stamped copy of the amended indictment on the accused as soon as practicable after it is filed.
Note: An indictment may be amended under section 23BH, or to comply with an order under paragraph 23CP(2)(b), of the Act. Leave of the Court is required to amend 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.
 (2) Paragraph (1)(c) has effect despite paragraph 1.25(1)(a).
Note: Paragraph 1.25(1)(a) provides that a document is filed if it is lodged in accordance with any 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