Section 216-222 Administration of Criminal Justice Act 2015 NG

Section 216-222 of the Administration of Criminal Justice Act 2015

Section 216, 217, 218, 219, 220, 221, and 222 of the Administration of Criminal Justice Act 2015 is under PART 22 (ALTERATION OR AMENDMENT OF CHARGES) of the Act.

Section 216 Administration of Criminal Justice Act 2015

Alteration and amendment of charge by permission of court

(1) A court may permit an alteration or addition to a charge or framing of a new charge at any time before judgment is pronounced.
(2) An alteration or addition of a new charge shall be read and explained to the defendant and his plea to the amended or new charge shall be taken.
(3) Where a defendant is arraigned for trial on an imperfect or erroneous charge, the court may permit or direct the framing of a new charge, or an addition to, or the alteration of the original charge.
(4) Where any defendant is committed for trial without a charge or with an imperfect or erroneous charge, the court may frame a charge or add or alter the charge as the case may be having regard to the provisions of this Act.

See also  Section 189-192 Administration of Criminal Justice Act 2015 NG

Section 217 Administration of Criminal Justice Act 2015

Procedure on alteration of charge

(1) Where a new charge is framed or alteration made to a charge under the provisions of section 216 of this Act, the court shall call on the defendant to plead to the new or altered charge as if he has been arraigned for the first time.
(2) The court shall proceed with the trial as if the new or altered charge had been the original charge.

Section 218 Administration of Criminal Justice Act 2015

When court may proceed with trial immediately after altering, adding to or framing charge

(1) Where the charge as revised under section 216 or 217 of this Act is such that proceeding immediately with the trial is not likely in the opinion of the court to prejudice the defendant in his defence or the prosecutor, as the case may be, in the conduct of the case, the court may in its discretion forthwith proceed with the trial as if the charge so revised had been the original charge.

(2) Where a charge is so amended, a note of the order for amendment shall be endorsed on the charge, and the charge shall be treated for the purpose of all proceedings in connection therewith as having been filed in the amended form.

Section 219 Administration of Criminal Justice Act 2015

Recall of witnesses when charge is revised

Where a charge is altered, amended or substituted after the commencement of the trial, the prosecutor and the defendant shall be allowed to recall or re-summon and examine any witness who may have been examined and to call any further witness; provided that such examination shall be limited to the alteration, amendment or substitution made.

See also  Section 109-111 Administration of Criminal Justice Act 2015 NG

Section 220 Administration of Criminal Justice Act 2015

Effect of error

An error in stating the offence or the particulars required to be stated in a charge or an omission to state the offence or those particulars, or any duplicity, mis-joinder or non-joinder of the particulars of the offence shall not be regarded at any stage of the case as material unless the defendant was in fact misled by the error or omission.

Section 221 Administration of Criminal Justice Act 2015

Objection to a charge

Objections shall not be taken or entertained during proceeding or trial on the ground of an imperfect or erroneous charge.

Section 222 Administration of Criminal Justice Act 2015

Effect of material error

(1) Where an appellate court is of opinion that a defendant convicted of an offence was misled in his defence by the absence of a charge, or by an error in the charge, which has occasioned a miscarriage of justice, it may direct that the trial be recommenced on another charge.

(2) Where the appellate court is of opinion that the facts of the case are such that no valid charge could be preferred against the defendant in respect of the facts proved it shall quash the conviction.

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