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also refers to when a prosecution may be discontinued by the DPP. Related offence is defined in clause 3. A fresh indictment usually contains different charges or fewer charges than an indictment previously filed. For example, this may occur because of an agreement with the accused to plead guilty to some charges or a judge may order severance of some charges on the indictment (see clause 193). Clause 165 provides that a court may order that the indictment be amended in any manner that the court thinks necessary unless, having regard to the merits of the case, the required amendment cannot be made without injustice to the accused. This clause is based on section 372 of the Crimes Act 1958 but does not use the word "defective" because of its uncertain legal meaning. An amended indictment must be treated as having been filed in the amended form for the purposes of the trial and all proceedings connected with the trial. Clause 166 provides that an indictment is not invalid by reason only of a failure to comply with Schedule 1 (which applies to charges on a charge-sheet or indictment) or for a number of listed technical errors. This clause is based on sections 370 and 375 of the Crimes Act 1958. However, sections 370 and 375 deal with defects in different ways: section 370 provides that "it is not open to objection by reason only of a failure to comply...," whereas section 375 provides that "[n]o indictment or presentment shall be held insufficient..." by virtue of certain errors. The consequences of an error in an indictment should be the same regardless of the type of error. Accordingly, the phrase "is not invalid" has been used. Clause 167 allows the Supreme Court to order that an accused be tried in the County Court or the Supreme Court regardless of where the indictment is filed. This clause is based on sections 359 and 388 of the Crimes Act 1958 but does not re-enact the requirement to give notice or the entitlement of parties to be present and make submissions. For consistency throughout the Bill all such procedural references have been removed and will be resolved on ordinary principles of procedural fairness. Section 359(4) which allowed ex parte applications to be made has not been re-enacted as ex parte applications are not preferred. Clause 168 allows the Supreme Court or the County Court to order that a proceeding for a charge for an indictable offence that may be heard and determined summarily be transferred to the Magistrates' Court at any time except during trial provided that—
the accused consents to the transfer; and
the court considers that the charge is appropriate to be determined summarily, having regard to the matters in clause 29(2).
A court cannot transfer a charge if the Magistrates' Court has previously refused to hear and determine it summarily unless there has been a significant change in the charges against the accused or in the prosecution case against the accused. For example, the charge that the DPP decides to proceed with may be significantly different (involving a lesser offence) than the charge on which the accused was committed for trial. Clause 168(1) ensures that the accused's right to elect trial on indictable offences is protected by requiring the accused's consent to that process. If an order is made under this clause, the transferred charge must be heard and determined summarily as provided in clause 168(3). Clause 169 governs the place of hearing of criminal trials in the Supreme Court or the County Court. Subclause (1) requires such trials to be held closest to the place at which the offence is alleged to have been committed, unless an order is made to change that place under clause 192. Subclause (2) provides that a proceeding is not invalid because it was conducted at a place other than the place referred to subclause (1). Clause 170 provides for multiple charges or multiple accused on a single indictment. If an indictment contains more than one charge, the charges must be heard together unless an order is made under clauses 193 (order for separate trial) or 195 (order for separate trial—conspiracy). If an indictment names more than one accused, whether in the same charge or separate charges, the charges against all accused must be tried together unless an order is made under clause 193 (order for separate trial).