Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 132

132 .         Amending charges etc.

        (1)         The powers in this section may be exercised by a court in relation to a charge at any time before or during a trial.

        (2)         The powers in this section may be exercised by a court on its own initiative or on the application of a prosecutor or an accused, unless the contrary intention appears.

        (3)         A court, on the application of the prosecutor, may amend a charge.

        (4)         Without limiting subsection (3) a court may amend a charge to correct any variance between the charge and the evidence led by the prosecutor in support of it.

        (5)         If one charge alleges 2 or more offences and a court is satisfied that the one charge is not permitted by Schedule 1 clause 8, it may amend the prosecution notice or indictment containing the charge so that each of the offences is the subject of a separate charge.

        (6)         If one charge alleges 2 or more offences and a court is satisfied —

            (a)         that the one charge is permitted by Schedule 1 clause 8; and

            (b)         that the trial of the accused on the charge would be unfair because it alleges the 2 or more offences; and

            (c)         that it is reasonably practicable for any of those offences to be the subject of a separate charge; and

            (d)         that the separate charge would be in accordance with Schedule 1,

                the court may amend the prosecution notice or indictment containing the charge so as to include one or more separate charges.

        (7)         A court that amends a charge, prosecution notice or indictment must ensure the prosecutor and the accused are each given a copy of it.

        (8)         If a court amends a charge, prosecution notice or indictment and is satisfied that the amendment prejudices the accused’s defence of the prosecution notice or indictment or of a charge in it, the court must adjourn the prosecution notice, indictment or charge, as the case requires.

        (9)         If a court amends a prosecution notice or indictment to include a separate charge and at the time of the amendment a trial of the prosecution notice or indictment is in progress, the court —

            (a)         may discontinue the trial of all of the charges in, and adjourn, the prosecution notice or indictment; or

            (b)         may continue with the trial of any charge in the prosecution notice or indictment other than the charge that has been included, and adjourn that charge.

        (10)         A court may refuse to amend a charge, prosecution notice or indictment if it is satisfied —

            (a)         the amendment is material to the merits of the case; and

            (b)         the amendment would prejudice the accused’s defence of the charge, prosecution notice or indictment; and

            (c)         an adjournment would not overcome the prejudice.

        (11)         If one charge alleges 2 or more offences and a court refuses to amend the charge, the court may order the prosecutor to tell the court to which of the 2 or more offences the charge relates.