Clause 8

provides the Magistrates' Court with a discretion to make orders to amend a charge-sheet. The court may order that the charge-sheet be amended in any manner that the court thinks necessary, unless the required amendment cannot be made without injustice to the accused. The word "defect" (used in section 50 of the Magistrates' Court Act 1989) has not been used as it had an uncertain legal meaning. The clause prevents amendment of a charge-sheet that has the effect of charging a new offence after the expiry of the period, if any, within which a proceeding for the offence may be commenced. The clause provides that, if a limitation period applies to the offence charged in the charge-sheet, the charge-sheet may be amended after the limitation period expires if the charge-sheet sufficiently disclosed the nature of the offence before the amendment, the amendment does not amount to the commencement of a proceeding for a new offence and the amendment will not cause injustice to the accused.