29Only one matter of complaint: Procedure if otherwise

### 29 Only one matter of complaint: Procedure if otherwise > > (1)  A complaint shall be for one matter only and not for 2 or more matters, except – > > > > > > (a) in the case of indictable offences, where the matters complained of are such that they may be charged in one indictment; > > > > > > > (b) in other cases, if the matters of complaint are – > > > > > > > > > > (i) substantially of the same act or omission on the part of the defendant, although amounting in law to 2 or more offences or 2 or more matters of complaint; or > > > > > > > > > > > (ii) founded on the same facts or are, or form part of, a series of offences or matters of complaint of the same or a similar character; or > > > > > > > (c) where otherwise expressly enacted. > > > (2)  Where several matters of complaint are joined in the one complaint pursuant to [subsection (1)](#GS29@Gs1@EN) , each matter of complaint shall be set out in a separate numbered paragraph. > > > (3)  If, contrary to [subsection (2)](#GS29@Gs2@EN) , any paragraph in a complaint includes more than one matter of complaint, the justices may, upon such terms and conditions as they think fit, at any stage of the hearing permit the complainant to amend that paragraph so that it shall include only one matter of complaint and to add a new paragraph or new paragraphs with respect to the other matter or matters of complaint. > > > (4)  Where, on the hearing of a complaint, it appears to the justices that the defendant may be prejudiced or embarrassed in his defence because the complaint contains more than one matter of complaint or that for any other reason it is desirable to direct that one or more of the matters of complaint should be heard separately, the justices may order a separate hearing of any matter of complaint. > > > (5)  On the hearing of a complaint that does not comply with [subsection (1)](#GS29@Gs1@EN) – > > > > > > (a) the justices shall, on the application of the defendant, require the complainant to choose one matter of complaint on which to proceed, and shall strike out of the complaint all other matters, without prejudice to the right of the complainant to lay a fresh complaint against the defendant in respect of any matter so struck out; or > > > > > > > (b) if the defendant does not so apply, the justices shall proceed to hear the evidence, and shall determine which matter or matters of complaint, if any, is or are proved, and may convict the defendant accordingly.