Cap. 9 · Criminal Code (Cap. 9)
Cap. 9 Art. 599Correction of errors in indictment resulting from evidence producedattrial.
Title V
(1) Any error which from the evidence produced at the trial appears to have been made in the indictment as to the circumstances of time, place and person, when, where, and against whom the offence was committed, or as to the indication or description of the things on which the offence was committed, may be ordered by the court to be corrected at any stage of the proceedings up to the time of the verdict of the jury:
Provided that, in such case, no account shall be taken of any aggravation of the offence which might result from such correction unless such aggravation was expressly stated in the indictment; and the court, if it is satisfied that such correction might have prejudiced the accused in his defence, may, upon his demand, discharge the jury, and adjourn the cause to another day, for the purpose of giving him time to prepare his defence on the indictment as amended, provided the accused makes his demand at any stage previous to the summing-up referred to in article 465 or, if the amendment of the indictment is made after the said summing-up, before the verdict of the jury.
(2) Any error in the reference to the article of this Code or of any other law prescribing the punishment the application of which is demanded in the indictment, may be corrected at any stage up to the delivery of the judgment.
(3) Any defect or error referred to in this article may be pointed out by the Attorney General or by the accused or his advocate or by the court ex officio.
Amendment history
- Amended by LVIII.1974.68