Document ID: chunk:federal_register_of_legislation:C2024C00819:section:23cp
Version: federal_register_of_legislation:C2024C00819
Segment Type: section
Provision Reference: s 23CP
Character Range: 121690–122678

23CP  Objecting to indictments
 (1) The accused may object to a count in the indictment on the basis of:
 (a) a formal defect apparent on the face of the indictment; or
 (b) the Court lacking jurisdiction; or
 (c) autrefois acquit or autrefois convict; or
 (d) a pardon.
Note: The objection must be raised during a pre‑trial hearing unless the Court allows otherwise (see section 23CC).
 (2) If the Court upholds the objection, the Court may:
 (a) in every case:
 (i) make an order quashing the count in relation to the accused; and
 (ii) if after quashing the count, no counts remain in the indictment in relation to the accused or any other accused—make an order quashing the indictment; and
 (iii) discharge the accused in relation to the count; and
 (iv) make such other orders as it thinks appropriate in the circumstances; or
 (b) if the objection is covered by paragraph (1)(a)—make an order for the amendment of the indictment to remove the defect instead of quashing the count.