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(1)Where, at any stage of a trial, it appears to a magistrate’s court that—
(a)the evidence discloses an offence other than the offence with which the accused is charged;
(b)the charge is defective in a material particular; or
(c)the accused desires to plead guilty to an offence other than the offence with which he or she is charged,
then the court, if it is satisfied that no injustice to the accused will be caused thereby, may make such order for the alteration of the charge by way of its amendment or by the substitution or addition of a new charge as it thinks necessary to meet the circumstances of the case.
(2)Where a charge is altered under subsection (1)—
(a)the court shall call upon the accused person to plead to the altered charge;
(b)the accused may demand that the witnesses for the prosecution or any of them be recalled and be further cross-examined by the accused or his or her advocate, the prosecution shall have the right to re-examine any such witnesses on matters arising out of such further cross-examination; and
(c)the accused shall have the right to give or to call such further evidence on his or her behalf as he or she may wish.
(3)Where an alteration of a charge is made under subsection (1), the court shall, if it is of the opinion that the accused has been prejudiced by the alteration, adjourn the trial for such period as may be reasonably necessary.
(4)Variance between the charge and the evidence adduced in support of it with respect to the time at which the alleged offence was committed is not material, and the charge need not be amended for such variance if it is proved that the proceedings were in fact instituted within any time limited by law for the institution of the proceedings.
(5)The court shall inform the accused of his or her right to demand the recall of witnesses under subsection (2), and that he or she may apply to the court for an adjournment under subsection (3).
(6)In any case where a charge is altered under subsection (1), the court may make such order as to the payment by the prosecution of any costs incurred owing to the alteration of the charge as it shall think fit.
If you are on trial before a magistrate's court and the evidence reveals an offence different from the one you face, the charge has a serious legal fl...
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