The Standing Civilian Courts Order 1997

Changes to the charge sheet during trial

44.—(1) Without prejudice to any other power of his in relation to the conduct of the proceedings, at any time after the opening of proceedings in respect of a charge the prosecutor may, with the leave of the court—

(a) amend, or substitute another charge or charges for, that charge;

(b) discontinue proceedings on that charge;

(c) prefer an additional charge against the accused.

(2) If in accordance with this article the prosecutor intends to seek the leave of the court to prefer an additional charge, he shall, unless the accused waives the requirement, serve notice of such intention on the accused before the application is made.

(3) Where notice is served on him in accordance with paragraph (2) above, the accused may apply for an adjournment of the trial.

(4) Where the court gives leave to discontinue proceedings on a charge, the court shall consider whether to give the direction provided for in section 83B(14) of the 1955 Act, as applied to Standing Civilian Courts by article 91 below and Schedule 4 to this Order.