164Filing of fresh indictment

164 Filing of fresh indictment ***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. See the definition of ***related offences*** in section 3.