South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 128

128—Objections to informations in superior court, amendments and postponement of trial

        (1)         An application to quash an information on the basis of a formal defect apparent on the face of the information must be made before the jury is empanelled and not afterwards.

        (2)         Subject to subsection (3), the court may before trial, or at any stage of a trial, make an order to amend an information as the court thinks necessary if—

            (a)         the information is defective; or

            (b)         there is a variation between a particular stated in the information and the evidence offered in proof of that particular.

        (3)         An order should not be made under subsection (2) if, having regard to the merits of the case, the proposed amendment to the information cannot be made without causing injustice.

        (4)         If the court makes an order to amend an information under subsection (2)—

            (a)         the order must be noted and endorsed on the information; and

            (b)         the information will be treated, for the purposes of the trial and all connected proceedings, as having been presented in the amended form.

        (5)         If before trial, or at any stage of a trial the court forms the opinion that as a result of exercising a power under this Act to—

            (a)         amend an information; or

            (b)         order a separate trial of a count,

it is expedient to postpone the trial, the court may make such an order.

        (6)         If an order of the court is made for a separate trial or for the postponement of a trial—

            (a)         in the case of an order made during a trial—the court may order that the jury be discharged from giving a verdict on the count or counts the trial of which is postponed or on the whole information, as the case may be; and

            (b)         the procedure on the separate trial of a count will be the same in all respects as if the count had been presented as a separate information and the procedure on the postponed trial will be the same in all respects (if the jury has been discharged) as if the trial had not commenced; and

            (c)         the court may make such other orders as the court thinks fit, including as to admitting the accused person to bail and the enlargement of recognizances.

        (7)         Any power of the court under this section is in addition to and does not limit any other power of the court for the same or similar purposes.