>[!ABSTRACT] Section 8 - Criminal Procedures Act 2009 >1. The Magistrates' Court at any time may order that a charge-sheet be amended in any manner that the court thinks necessary, unless the required amendment cannot be made without injustice to the accused. >2. If a charge-sheet is amended by order under this section, the charge-sheet is to be treated as having been filed in the amended form for the purposes of the hearing and all proceedings connected with the hearing. >3. An amendment of a charge-sheet that has the effect of charging a new offence cannot be made after the expiry of the period, if any, within which a proceeding for the offence may be commenced. >4. If a limitation period applies to the offence charged in the charge-sheet, the charge-sheet may be amended after the expiry of the limitation period if- > 1. the charge-sheet before the amendment sufficiently disclosed the nature of the offence; and > 2. the amendment does not amount to the commencement of a proceeding for a new offence; and > 3. the amendment will not cause injustice to the accused. - Prosecutions make an application before a Magistrate under Section 8 CPA 2009 to amend the charge. - Always advise defence of your intention to do this, amendments are often made with consent of all parties. # Common Errors - Incorrect or missing date; see Section 331 non-sitting day - Incorrect or missing location - Failure to include offence section, Act or name; see Schedule 1 Clause 3(2) - Does not disclose offence known to law; see s. 12(4) - Identity; incorrect accused's name - Duplicity - Cognate offences