CRIMINAL PROCEDURE ACT 2004 - SECT 178

CRIMINAL PROCEDURE ACT 2004 - SECT 178

178 .         Defects etc. in court documents

        (1)         In this section, unless the contrary intention appears —

        court document means a prosecution notice, indictment, summons, court hearing notice, section 155 notice, witness summons, warrant, or an order or other document issued by a court in a case.

        (2)         Any objection by an accused to a prosecution notice or indictment on the ground that it is defective must be made before the prosecutor’s opening address.

        (3)         If a court document is defective in substance or form, the court, on an application by a party or on its own initiative —

            (a)         must order that the document be corrected if the defect is not material to the merits of the case;

            (b)         may order that the document be corrected in any other case.

        (4)         If a court makes an order under this section —

            (a)         the court document must be amended accordingly by the court or some person ordered to do so by the court; and

            (b)         each party is entitled to a copy of the amended court document; and

            (c)         the court may adjourn the case.

        (5)         This section is in addition to and does not affect the operation of section 132.