Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2009-06-27

8. Order for amendment of charge-sheet

8. 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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