Section 118Part 6 — Procedure in Trials before the Grand Court
Amendment of indictment, separate trial and postponement of trial
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Where, before a trial upon indictment or at any stage of such 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 considers necessary to meet the circumstances unless, having regard to the merits of the case, the required amendments cannot be made without injustice. Any such amendments shall be made upon such terms as to the court shall seem just.
When an indictment is amended under this section, a note of the order for amendment shall be endorsed on the indictment and thereafter the indictment shall be treated for the purposes of all proceedings in connection therewith as having been filed in the amended form.
Where, before a trial upon indictment or at any stage of such trial, the court is of the opinion that the accused may be prejudiced or embarrassed in the accused person's defence by reason of being charged with more than one offence in the same indictment, or that for any reason it is desirable to direct that where there are two or more accused persons they should be tried separately, the court may order the separate trial of any count or counts in such indictment or the separate trial of any accused persons charged in the same indictment.
Where, before a trial upon indictment or at any stage of such trial, the court is of the opinion that the postponement of the trial is expedient as a consequence of the exercise of any power of the court under this section or any other provisions of this Code, the court shall make such order as to the postponement of the trial as appears necessary.
Where an order of the court is made under this section for a separate trial or for postponement of a trial —
the procedure on the separate trial of a count shall be the same in all respects as if the count had been found in a separate indictment, and the procedure on the postponed trial shall be the same in all respects as if the trial had not commenced; and
the court may make such order as to admitting the accused to bail and as to the enlargement of recognisances and otherwise as the court may think fit.
Any power conferred upon the court under this section shall be in addition to and not in derogation of any other power of the court for the same or similar purposes.