Australian Capital Territory Current Acts

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MAGISTRATES COURT ACT 1930 - SECT 223

Amendment of documents

    (1)     This section applies if—

        (a)     a document mentioned in section 222 (2) is given to the Supreme Court; and

        (b)     the offence charged or intended to be charged by the document appears to have been established; and

        (c)     the Magistrates Court's judgment appears to be in substance justified; and

        (d)     the defects or errors appear to be defects of form only or mistakes not affecting the substance of the proceeding before the Magistrates Court.

    (2)     The Supreme Court must allow the committal order, and may allow the conviction or judgment, to be immediately amended as necessary in accordance with the facts.

    (3)     The person committed must then be remanded to the person's former custody.



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