Section 535: Effect of omission to prepare charge
The Code of Criminal Procedure · Code of Criminal Procedure · Chapter XLV · in_force
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(1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed, unless, in the opinion of the Court of appeal or revision, a failure of justice has in fact been occasioned thereby. (2) If the Court of appeal or revision thinks that a failure of justice has been occasioned by an omission to frame a charge, it shall order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge.
Effective date: 1898-07-01
Related sections
Section 534: [Omission to give information under section 447.] Omitted by the Criminal LawSection 536: [Trial by jury of offence triable with assessors.] Omitted by the Law ReformsSection 533: Non compliance with provisions of section 164 or 364Section 537: Finding or sentence when reversible by reason of error or omission in charge orSection 532: [When irregular commitments may be validated.] Omitted by the Law ReformsSection 538: Attachment not illegal, person making same not trespasser for defect or want of
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