31Irregularities and amendments

### 31 Irregularities and amendments > > (1)  An objection shall not be taken or allowed to a complaint in respect of – > > > > > > (a) an alleged defect therein, in substance or in form; or > > > > > > > (b) a variance between it and the evidence in support thereof. > > > (2)  Notwithstanding the provisions of [subsection (1)](#GS31@Gs1@EN) , where – > > > > > > (a) a complaint fails to disclose an offence or matter of complaint; or > > > > > > > (b) the defendant appears to have been prejudiced by any defect or variance referred to in that subsection – > > > > the justices shall, unless the complaint is amended as provided in [subsection (3)](#GS31@Gs3@EN) , dismiss the complaint. > > > (3)  If it appears to the justices that the complaint – > > > > > > (a) fails to disclose an offence or matter of complaint, or is otherwise defective; and > > > > > > > (b) ought to be amended so as to disclose an offence or matter of complaint, or otherwise to cure the defect – > > > > the justices may amend the complaint upon such terms as may be just. > > > (4)  An objection shall not be taken or allowed to a warrant or summons in respect of – > > > > > > (a) an alleged defect therein, in substance or in form; or > > > > > > > (b) a variance between it and the evidence in support of the complaint in connection with which it is issued – > > > > but the justices may adjourn the hearing if it appears to them that the defendant has been prejudiced by the defect or variance. > > > (5)  Any – > > > > > > (a) conviction or order made by justices; or > > > > > > > (b) warrant of committal, or other warrant or proceeding issued or had by or before justices – > > > > may be amended, according to the evidence, by the justices by or before whom it was made, issued, or had, or by any court before which it comes, on appeal or otherwise, at any time after it has been signed, and before it has been executed, upon such terms as to costs, or otherwise, as to the justices or court seems fit. > > > (6)  A conviction or order of, or other proceeding before, justices shall not be quashed or set aside for a mere matter of form or technical error, or mistake in a name, date, or title, or in a matter of description only, but in all cases regard shall be had alone to the substantial merits and justice of the case. > > > (7)  A warrant of commitment issued upon any conviction by justices shall not be void or invalid, or be quashed, for any defect in substance or in form, and a party shall not be entitled to be discharged out of custody on account of any such defect where – > > > > > > (a) it is alleged in the warrant that the party has been convicted of an offence; and > > > > > > > (b) it appears to the court before which the warrant is returned that the conviction proceeded on good and valid grounds.