sec.48Amendment of complaint

### sec.48 Amendment of complaint If at the hearing of a complaint, it appears to the justices that— there is a defect therein, in substance or in form, other than a noncompliance with the provisions of section 43 ; or there is a defect in any summons or warrant to apprehend a defendant issued upon such complaint; or there is a variance between such complaint, summons or warrant and the evidence adduced at the hearing in support thereof; then— if an objection is taken for any such defect or variance—the justices shall; or if no such objection is taken—the justices may; make such order for the amendment of the complaint, summons or warrant as appears to them to be necessary or desirable in the interests of justice. Subsection (3) applies if the justices consider the offence charged in the complaint is also 1 of the following offences (each a relevant domestic violence offence ) but the complaint does not include a statement to that effect— a domestic violence offence; a domestic violence offence committed against a child; a domestic violence offence that exposed a child to domestic violence. Without limiting subsection (1) , the court may order that the complaint be amended to state the offence is also a relevant domestic violence offence. s 48 sub 1949 13 Geo 6 No. 30 s 8; 1964 No. 32 s 23 amd 2015 No. 17 s 15 ; 2024 No. 5 s 81 (sec.48-ssec.1) If at the hearing of a complaint, it appears to the justices that— there is a defect therein, in substance or in form, other than a noncompliance with the provisions of section 43 ; or there is a defect in any summons or warrant to apprehend a defendant issued upon such complaint; or there is a variance between such complaint, summons or warrant and the evidence adduced at the hearing in support thereof; then— if an objection is taken for any such defect or variance—the justices shall; or if no such objection is taken—the justices may; make such order for the amendment of the complaint, summons or warrant as appears to them to be necessary or desirable in the interests of justice. (sec.48-ssec.2) Subsection (3) applies if the justices consider the offence charged in the complaint is also 1 of the following offences (each a relevant domestic violence offence ) but the complaint does not include a statement to that effect— a domestic violence offence; a domestic violence offence committed against a child; a domestic violence offence that exposed a child to domestic violence. (sec.48-ssec.3) Without limiting subsection (1) , the court may order that the complaint be amended to state the offence is also a relevant domestic violence offence. - (a) there is a defect therein, in substance or in form, other than a noncompliance with the provisions of section 43 ; or - (b) there is a defect in any summons or warrant to apprehend a defendant issued upon such complaint; or - (c) there is a variance between such complaint, summons or warrant and the evidence adduced at the hearing in support thereof; - (d) if an objection is taken for any such defect or variance—the justices shall; or - (e) if no such objection is taken—the justices may; - (a) a domestic violence offence; - (b) a domestic violence offence committed against a child; - (c) a domestic violence offence that exposed a child to domestic violence.