On a re-trial, it remains open to the judge to amend the indictment. Nothing in the Act takes away his powers to do so within the confines set out by the Act. Here a conspiracy charge had been replaced by separate charges of theft. The judge retained his powers under the Indictments Act, and this problem had not been addressed by those passing the later Act.
Citations:
Times 15-Oct-1999, Gazette 20-Oct-1999
Statutes:
Criminal Appeal Act 1968 7, Indictments Act 1915 5
Jurisdiction:
England and Wales
Criminal Practice
Updated: 19 September 2022; Ref: scu.85301