Cap. 9 Art. 597Amendment of indictment by court ex officio or upon plea of accused,

(1) It shall be in the power of the court, either ex officio, or upon the plea of the accused, to make an order for the amendment of the indictment, provided this is done before the accused pleads to the general issue of guilty or not guilty: but nothing shall be added which might render the offence of a graver character.

(2) Any such order may also be made upon the demand of the Attorney General in the case of any error or defect in the indictment, even though, on the ground of such error or defect, the accused has set up the plea, or the court ex officio has raised the question, of the nullity of the indictment.

(3) Where an amendment of the indictment has been ordered by the court either or upon the demand of the Attorney ex officio

General, it shall be lawful for the accused to demand the adjournment of the trial in order that he may prepare his defence.

(4) The indictment cannot be impugned on the ground of any defect in the record of inquiry, nor can the accused demand that, on the ground of any such defect, the trial on the said indictment be not proceeded with, unless such defect consists in the total absence of the charges being read or of the examination of the accused or of the order committing the accused for trial, or in the refusal of the court of criminal inquiry, without just cause, to hear the evidence produced by the accused; saving always the right of the accused and the Attorney General to oppose the production, at the trial, of any act tendered in evidence which is not according to law.

(5) Nor can an indictment be impugned for want of jurisdiction of the court which held the inquiry, on the ground that the inquiry should have been held by the Court of Magistrates (Malta) and not by the Court of Magistrates (Gozo) or by the Court of Magistrates

(Gozo) and not by the Court of Magistrates (Malta).