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Act index » Chapter 5 - Trial on indictment » Part 5.2 - Indictment and place of trial
164 Filing of fresh indictment
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fresh indictment means an indictment which includes a charge for the same offence as an offence charged in an indictment previously filed in court against that accused or a related offence.
(2)Nothing in section 163 prevents the filing of a fresh indictment.
(3)The filing of a fresh indictment does not commence a new criminal proceeding.
(4)On the filing of a fresh indictment against an accused, proceedings in relation to a charge for the same offence or a related offence in an indictment previously filed in court against that accused are discontinued.
See the definition of related offences in section 3.