Article 6.7 Starting a Criminal Case

(a) 6.7.1 A criminal case can be started against a person by the prosecutor, or another person authorised by ICT law.

(b) 6.7.2 A criminal case is started when a charge and summons is filed with the registry, whether or not it is or has been served on the accused. A charge and summons must:

(A) state the name of the accused;

(B) state the offences with which the accused is charged (these may be stated in the alternative);

(C) say when (by date or period) the offences are alleged to have been committed (if known);

(D) say where the offences are alleged to have been committed (if known); and

(E) require the accused to present themselves to the court.

(c) 6.7.3 A charge and summons, once served or deemed to have been served on an accused, may not be amended other than by order of the court. The court may refuse to amend a charge and summons if it is satisfied that:

(F) the amendment is not material to the merits of the case;

(G) the amendment would prejudice the accused’s defence and an adjournment (if one is required) would not overcome the prejudice; or

(H) for other good reason it is not just to do so.

(d) 6.7.4 The court may at any time before it finally determines the case permit the prosecutor to amend an offence in a charge and summons, or as earlier amended under this Article, to an offence that carries a lesser maximum sentence, subject to the court’s power of refusal under Article .