Commonwealth Numbered Regulations Commonwealth Numbered RegulationsAmendments before the start of the trial
(1) If the prosecutor wants to amend an indictment in relation to an accused before the start of the trial, the prosecutor must:
(a) make the amendment on the indictment; and
(b) write the date of the amendment on the indictment; and
(c) file the amended indictment by lodging it by electronic communication in accordance with paragraph 1.21(1)(d); and
(d) serve a stamped copy of the amended indictment on the accused as soon as practicable after it is filed.
Note: An indictment may be amended under section 23BH, or to comply with an order under paragraph 23CP(2)(b), of the Act. Leave of the Court is required to amend an indictment under section 23BH of the Act if the 90 day period ending on the date set for the start of the trial has started.
(2) Paragraph (1)(c) has effect despite paragraph 1.25(1)(a).
Note: Paragraph 1.25(1)(a) provides that a document is filed if it is lodged in accordance with any of the methods in subrule 1.21(1). Paragraph (1)(c) of this rule limits the method by which an amended indictment may be lodged for filing.
Replacements before the start of the trial
(3) If the prosecutor wants to replace an indictment in relation to an accused before the start of the trial, the prosecutor must file a new indictment in accordance with rule 3.01.
Note 1: An indictment may be replaced under section 23BH of the Act. Leave of the Court is required to replace an indictment under section 23BH of the Act if the 90 day period ending on the date set for the start of the trial has started.
Note 2: Rule 3.01 requires an indictment to be filed by electronic communication.
(4) The new indictment:
(a) must not:
(i) be described as a replacement indictment; or
(ii) include any reference to the replaced indictment; and
(b) must be accompanied by a document stating:
(i) that the new indictment replaces the replaced indictment; and
(ii) the date on which the replaced indictment was filed.
(5) The prosecutor must serve a stamped copy of the document referred to in paragraph (4)(b) on the accused with the stamped copy of the new indictment.
Note: Rule 3.02 requires the prosecutor to personally serve a stamped copy of the indictment (and related documents) on the accused.
Amendments or replacements after the start of the trial
(6) If the prosecutor amends or replaces an indictment in relation to an accused after the start of the trial, the Court may give directions about filing and service of the amended or replaced indictment.
Note: Leave of the Court is required to amend or replace an indictment after the start of a trial--see subsection 23BH(2) of the Act.
Court may direct replacement indictment to be filed
(7) The Court may direct the prosecutor to file a new indictment instead of amending an indictment.