Criminal Procedure (Amendment) Act, 1973
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Amendment of charge where accused charged with indictable offence waives preliminary examination or is sent forward for sentence. |
2.—Where— | |
(a) under section 12 of the Criminal Procedure Act, 1967 , an accused person waives the preliminary examination provided for by Part II of that Act and is sent forward for trial on any charge with a plea of not guilty, | ||
or | ||
(b) under section 13 (2) of that Act, an accused person is sent forward for sentence on any charge with a plea of guilty, | ||
any defect in the charge may be corrected— | ||
(i) in a case to which paragraph (a) applies—in stating the charge in the indictment, and | ||
(ii) in a case to which paragraph (b) applies—by the court to which he has been sent forward, and his plea of guilty shall be treated as a plea of guilty to the charge as so corrected, | ||
provided, in either case, that such correction would not, in the opinion of the court, result in injustice. |