FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23CP Objecting to indictments
FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 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
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:
(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.