Section 97: What objection not allowed
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
97. What objection not allowed
(1) No objection to a conviction shall be allowed or taken on the ground
that there was some defect either in substance or in form in the information, warrant or summons, or on the ground that there was some variance
between the information, warrant or summons and the evidence unless the
objection was taken before the Magistrate or Intermediate Court.
(2) No conviction shall be quashed on the ground of any defect in substance or in form in the information, warrant or summons, or for any variance
unless the Magistrate or Intermediate Court has refused to amend the information and to adjourn the hearing, and unless the Court is satisfied that the appellant has thereby been misled or deceived and prejudiced in his defence.
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Questions this section answers
- Can I raise a defect in the charge for the first time on appeal if I didn't object at the trial?