NTIn ForceAct
Criminal Code Act 1983
312Order for amendment of indictment
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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.