23CPObjecting to indictments

23CP Objecting to indictments

(1) The accused may object to a count in the indictment on the basis of: (a) a formal defect apparent on the face of the indictment; or (b) the Court lacking jurisdiction; or (c) autrefois acquit or autrefois convict; or (d) a pardon.

Note: The objection must be raised during a pre‑trial hearing unless the Court allows otherwise (see section 23CC).

(2) If the Court upholds the objection, the Court may: (a) in every case: (i) make an order quashing the count in relation to the accused; and (ii) if after quashing the count, no counts remain in the indictment in relation to the accused or any other accused—make an order quashing the indictment; and (iii) discharge the accused in relation to the count; and (iv) make such other orders as it thinks appropriate in the circumstances; or (b) if the objection is covered by paragraph (1)(a)—make an order for the amendment of the indictment to remove the defect instead of quashing the count.