Section 74Part 4 — Procedure in Trials before the Summary Court
Amendment of charge and variance between charge and evidence
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Where, at any stage of a trial it appears to the court that the charge is defective, either in substance or in form, the court may make such order for the alteration or addition of a charge, as the court thinks necessary to meet the circumstances of the case:
where a charge is altered, added or substituted as aforesaid, the court shall thereupon call upon the accused person to plead to the altered or new charge
in such case the accused person shall be entitled, if the accused person so wishes, to have the witnesses (or any of them) recalled to give evidence afresh or to be further cross-examined by the defence, and, in such last mentioned event, the prosecution shall have the right to re-examine any such witness on matters arising out of such further cross-examination.
Variance between a charge and the evidence adduced in support of it with respect to the day upon which the alleged offence was committed is not ordinarily material and the charge need not be amended for such variance if it is proved that the proceedings were in fact instituted within the time, if any, limited by law for the institution thereof and the actual date is not material on any other ground.
Where an alteration, addition or substitution of a charge is made under subsection (1) or there is a variance between the evidence and the charge as described in subsection (2), the court shall, if it is of the opinion that the accused has been thereby misled or deceived or may be prejudiced in the conduct of the accused person's defence, adjourn the trial for such period as may be reasonably necessary in the interest of justice.