FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23BH Amending indictments

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23BH

  (1)   The prosecutor may, in accordance with the Rules of Court, amend or replace an indictment in relation to an accused at any time when:

  (a)   no date has been set for the start of the trial of the accused on the indictment; or

  (b)   the 90 day period ending on the date set for the start of the trial of the accused on the indictment has not started.

Note:   A trial starts when the accused is arraigned before a jury (see subsection   23FA(2)).

  (2)   If the 90 day period ending on the date set for the start of the trial has started, or the trial has started, the prosecutor may only amend or replace the indictment with the leave of the Court.

  (3)   If the prosecutor replaces an indictment under subsection   (1) or (2), the Court must dismiss the replaced indictment.

  (4)   If an indictment is amended or replaced, the Court may make such orders as it thinks appropriate in the circumstances.

Note:   If, for example, an indictment was amended to remove a count against the accused, the Court could discharge the accused in relation to that count.

  (5)   This section does not affect the amendment of an indictment under other provisions of this Division.