Section 345 — Crimes Act 1961: Presenting indictment

345 Presenting indictment (1) Where any person is committed for trial, or any 2 or more persons are so committed, whether jointly or severally, an indictment may be filed in the High Court or in a District Court (as the case may require) for any charge or charges founded on the evidence disclosed in any depositions taken against such person or persons. (2) An indictment under subsection (1) of this section may be filed by the Attorney-General or a Crown Solicitor in any case, or by the informant in the case of a private prosecution. (3) Notwithstanding anything in subsection (1) of this section, the Attorney-General, or any one with the written consent of a Judge of the High Court or of the Attorney-General, may file an indictment for any offence. (4) It shall not be necessary to specify any such consent as aforesaid in the indictment; and any objection to an indictment for want of such consent shall be taken by motion to quash the indictment before the accused is given in charge to the jury. (5) Except where an indictment is filed under subsection (3) of this section, the accused may, at any time before he is given in charge to the jury, apply to the Court to quash any count in the indictment, on the ground that it is not founded on the evidence disclosed in the depositions; and the Court shall quash that count if satisfied that it is not so founded. (6) If at any time during the trial it appears to the Court that any count is not so founded, and that injustice has been or is likely to be done to the accused in consequence of that count remaining in the indictment, the Court may quash that count and discharge the jury from finding any verdict on it; but the Court shall not do so unless it is satisfied that justice requires it. (7) No indictment shall be filed except as hereinbefore provided. Compare: 1908 No 32 s 407 Subsection (1) was substituted, as from 23 October 1963, by section 3 Crimes Amendment Act 1963 (1963 No 120). Subsection (1) was amended, as from 1 May 1981, by section 8 Crimes Amendment Act (No 2) (1980 No 85) by inserting the words “ or in a District Court (as the case may require) ” . Subsections (1) and (2) were amended, as from 1 March 1996, by section 4(1) Crimes Amendment Act (No 2) 1995 (1995 No 68) by substituting the word “ filed ” for the word “ presented ” . See clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1). Subsection (3) was amended, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) by substituting the words “ High Court ” for the words “ Supreme Court ” . Subsection (3) was amended, as from 1 March 1996, by section 4(1) Crimes Amendment Act (No 2) 1995 (1995 No 68) by substituting the word “ file ” for the word “ present ” . See clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1). Subsections (5) and (7) were amended, as from 1 March 1996, by section 4(1) Crimes Amendment Act (No 2) 1995 (1995 No 68) by substituting the word “ filed ” for the word “ presented ” . See clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1).