Section 119Part 6 — Procedure in Trials before the Grand Court
Quashing of indictment
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No objection to an indictment shall be taken by way of demurrer, but if any indictment does not state in substance an indictable offence or states an offence not triable by the court, the accused may move the court to quash it or in arrest of judgment.
If the motion is made before the accused pleads, the court shall either quash the indictment or amend it, if having regard to the interest of justice it considers that it is proper that it should be amended.
If the defect in the indictment appears to the court during the trial and the court does not think fit to amend it, it may, in its discretion, quash the indictment or leave the objection to be taken in arrest of judgment.
If the indictment is quashed, the court may direct the accused to plead to another indictment founded on the same facts when called on at the same session of the court.