Criminal Code Act 1983
312Order for amendment of indictment
Start here
Get a plain-English read of 312
Turn the raw legal text into a practical explanation grounded in Criminal Code Act 1983.
312 Order for amendment of indictment (1) Where, before trial or at any stage of a trial, it appears to the court that the indictment is defective or that there appears to be a variance between the indictment and the evidence, the court shall make such order for the amendment of the indictment as the court thinks necessary to meet the circumstances of the case if it is shown that the required amendment can be made without injustice. (2) Where an indictment is so amended a note of the order for amendment shall be endorsed on the indictment and the indictment shall be treated for the purposes of the trial and for the purposes of all proceedings in connection therewith as having been presented in the amended form.