New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 21

21 Orders for amendment of indictment, separate trial and postponement of trial

(1) If of the opinion that an indictment is defective but, having regard to the merits of the case, can be amended without injustice, the court may make such order for the amendment of the indictment as it thinks necessary to meet the circumstances of the case.

(2) If of the opinion--

(a) that an accused person may be prejudiced or embarrassed in his or her defence by reason of being charged with more than one offence in the same indictment, or

(b) that for any other reason it is desirable to direct that an accused person 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 the indictment.

(3) If of the opinion that the postponement of an accused person's trial is expedient as a consequence of it having amended an indictment or ordered a separate trial of a count, the court may make such order as appears necessary.

(4) An order under this section may be made either before trial or at any stage during the trial.

(5) The following provisions apply if an order is made under this section for a separate trial or for the postponement of a trial--

(a) if the order is made during the trial, the court may order that the jury be discharged from giving a verdict--

(i) on the count or counts in respect of which the trial is postponed, or

(ii) on the indictment,

as the case may be,

(b) the procedure on the separate trial of a count, and the procedure on the postponed trial, are to be the same in all respects (if the jury has been discharged) as if the trial had not commenced,

(c) subject to the Bail Act 2013 , the court may commit the accused person to a correctional centre.

(6) Any power of the court under this section is in addition to and not in derogation of any other power of the court for the same or similar purposes.