Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 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.