INDICTMENTS.
No. 17 of 1919.
2523
c. 90, s. 4.
5 (1) Subject to the provisions of the rules under this Ordinance, charges for more than one felony or for more than one misdemeanor, and charges for both felonies and misdemeanors, may be joined in the same indictment, but where a felony is tried together with any misdemeanor, the jury shall be sworn and the person accused shall have the same right of challenging jurors as if all the offences charged in the indictment were felonies.
(2) If one sentence is passed upon any verdict of guilty on an indictment containing more counts than one, the sentence shall be good if any of the counts upon which such verdict has been returned would have justified such sentence.
6. (1) Where, before trial, or at any stage of a trial, it appears to the court that the indictment is defective, the court shall make such order for the amendment of the indictment as the court thinks necessary to meet the circumstances of the case, unless, having regard to the merits of the case, the required amendments cannot be made without injustice.
(2) Where an indictment is so amended, a note of the order for amendment shall be indorsed on the indictment.
(3) Where, before trial, or at any stage of a trial, the court is of opinion that a person accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, or that for any other reason it is desirable to direct that the person should be tried separately for any one or more offences charged in an indictment, the court may order a separate trial of any count or counts of such indictment.
(4) Where, before trial, or at any stage of a trial, the court is of opinion that the postponement of the trial of a person accused is expedient as a consequence of the exercise of any power of the court under this Ordinance to amend an indictment or to order a separate trial of a count, the court shall make such order as to the postponement of the trial as appears necessary.
(5) Where an order of the court is made under this section for a separate trial or for the postponement of a trial----
(a) if such an order is made during a trial, the court may order that the jury are to be discharged from giving a verdict
INDICTMENTS.
No. 17 of 1919.
2523
c. 90, s. 4.
5 (1) Subject to the provisions of the rules under this Joinder of Ordinance, charges for more than one felony or for more charges in than one misdemeanor, and charges for both felonies and indictment. misdemeanors, may be joined in the same indictment, but 5 & 6 Geo. 5, where a felony is tried together with any misdemeanor, the jury shall be sworn and the person accused shall have the same right of challenging jurors as if all the offences charged in the indictment were felonies.
(2) If one sentence is passed upon any verdict of guilty on an indictment containing more counts than one, the sentence shall be good if any of the counts upon which such verdict has been returned would have justified such sentence.
6. (1) Where, before trial, or at any stage of a trial, it Orders for appears to the court that the indictment is defective, the amendment
of indictment, court shall make such order for the amendment of the separate trial, indictment as the court thinks necessary to meet the and postpone- circumstances of the case, unless, having regard to the merits 5 & 6 Geo. 5, of the case, the required amendments cannot be made with- c. 90, s. 5. out injustice.
(2) Where an indictment is so amended, a note of the order for amendment shall be indorsed on the indictment.
(3) Where, before trial, or at any stage of a trial, the court is of opinion that a person accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, or that for any other reason it is desirable to direct that the person should be tried separately for any one or more offences charged in an indictment, the court may order a separate trial of any count or counts of such indictment.
(4) Where, before trial, or at any stage of a trial, the court is of opinion that the postponement of the trial of a person accused is expedient as a consequence of the exercise of any power of the court under this Ordinance to amend an indictment or to order a separate trial of a count, the court shall make such order as to the postponement of the trial as appears necessary.
(5) Where an order of the court is made under this section for a separate trial or for the postponement of a trial----
(a) if such an order is made during a trial, the court may order that the jury are to be discharged from giving a verdict
ment of trial.
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