← belizelaw.ai · Indictable Procedure, Cap. 96 · PART IV — Proceedings in the Court
Objection to indictment
Cap. 96, s. 78 · Revised Edition 2020
(1) Notwithstanding any rule of law to the contrary, no objection to an indictment shall be taken by way of demurrer or on the ground of any defect in the committal proceedings, but if an indictment does not state in substance a crime or states a crime not triable by the court or the offence charged is not disclosed in the depositions, the accused person may move the court to quash it or in arrest of judgment as provided in section 141.
(2) If the motion is made before the accused person pleads,
the court shall either quash the indictment or, if the court thinks that it ought to be amended, amend it.
(3) If the defect in the indictment appears to the court during the trial, and the court does not think fit to amend it, the court may,
in its discretion, quash the indictment, or leave the objection to be taken in arrest of judgment.
(4) If the indictment is quashed, the court may direct the accused person to plead to another indictment, when called on at the same sitting of the court.
Amended by: 18 of 1998
Have a question about this section? Ask belizelaw.ai →