Motion in arrest of judgment

(1) The accused person may, at any time before sentence, move in arrest of judgment on the ground that the indictment does not, after any amendment which the court is willing and has power to make, state any crime. (2) If that motion is made, the court may in its discretion either hear and determine the matter during the same sitting or adjourn the hearing thereof to a future time to be fixed for that purpose. (3) If the court decides in favour of the accused person, he shall be discharged from that indictment. (4) If the motion is not made, or if the court decides against the accused person upon the motion, the court may either sentence the accused person at any time during the same sitting of the court, or may, in its discretion, discharge him on his own recognisance or on that of the sureties who the court thinks fit, or both, to appear and receive judgment at the same or some future sitting of the court, or when called upon.