Victorian Current Acts

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Order for amendment of charge-sheet

    (1)     The Magistrates' Court at any time may order that a charge-sheet be amended in any manner that the court thinks necessary, unless the required amendment cannot be made without injustice to the accused.

    (2)     If a charge-sheet is amended by order under this section, the charge-sheet is to be treated as having been filed in the amended form for the purposes of the hearing and all proceedings connected with the hearing.

    (3)     An amendment of a charge-sheet that has the effect of charging a new offence cannot be made after the expiry of the period, if any, within which a proceeding for the offence may be commenced.

    (4)     If a limitation period applies to the offence charged in the charge-sheet, the charge-sheet may be amended after the expiry of the limitation period if—

        (a)     the charge-sheet before the amendment sufficiently disclosed the nature of the offence; and

        (b)     the amendment does not amount to the commencement of a proceeding for a new offence; and

        (c)     the amendment will not cause injustice to the accused.

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