Section 342 — Crimes Act 1961: Objections to indictment

342 Objections to indictment (1) No objection to an indictment shall be taken by way of demurrer, but if an indictment does not state in substance a crime the prosecutor or the accused may move the Court to amend it, or the accused may move the Court to quash it or in arrest of judgment, as provided in this section. (2) If the motion is made before the accused pleads, the Court shall in its discretion either quash the indictment or amend it. (3) If the defect in the indictment appears to the Court during the trial the Court may if it thinks fit amend it, or may in its discretion quash the indictment or leave the objection to be taken in arrest of judgment. Compare: 1908 No 32 s 399