CRIMINAL PROCEDURE ACT 2009 - SECT 164 Filing of fresh indictment

CRIMINAL PROCEDURE ACT 2009 - SECT 164

    (1)     In this section—

"fresh indictment" means an indictment which includes a charge for the same offence as an offence charged in an indictment previously filed in court against that accused or a related offence.

    (2)     Nothing in section 163 prevents the filing of a fresh indictment.

    (3)     The filing of a fresh indictment does not commence a new criminal proceeding.

    (4)         On the filing of a fresh indictment against an accused, proceedings in relation to a charge for the same offence or a related offence in an indictment previously filed in court against that accused are discontinued.

Note

See the definition of related offences in section 3.