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

9. Errors etc. in charge-sheet

9. Errors etc. in charge-sheet

(1) A charge-sheet is not invalid by reason only of a failure to comply with Schedule 1.

(2) A charge on a charge-sheet is not invalid by reason only of-

(a) omitting to state the time at which the offence was committed unless
time is an essential element of the offence; or

(b) incorrectly stating the time at which the offence was committed; or

(c) stating the offence to have been committed on an impossible day or on
a day that never happened.

1 comments:

Pablo August 4, 2012 at 8:54 PM  

What about a charge sheet that incorrect names two defendants rather than just one?

And in the actual charge states: "The defendant at McKinnon on (10 days ago) 20XX did drive a motor vehicle registration number HGV 164 on a highway namely Nepean highway while the concentration of alcohol in his/her breath exceeded the prescribed concentration of alcohol (alleged reading 0.19%)."

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