(1) if the court finds that the facts of case as presented by the prosecution sustain a different
offence, it shall amend the charge and inform the accused accordingly.
(2)
(a) Where the new charge is within the competence of the court, it shall ask the accused to
plead to it and shall proceed, as the case may be, as provided for under section 361 or
section 365.
(b) The court may either or its own motion or at the request of one of the parties, adjourn the
case to a later date.
(3)
(a) Where the new charge is not within its competence, the court shall decline jurisdiction.
(b) The provisions of section 394 shall apply.
Official text
Transcription: Spot-checked
In force from 27-07-2005
Source page 82
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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