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DIVISION Ill PROCEDURE IN THE COURTS OF FIRST INSTANCE
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111
Section 164.- The application to amend or supplement a
charge, if it would prejudice the defence of the accused, shall not be
granted by the Court; but neither the correction of the mistake made
in specifying the offence or the particulars required to be stated in
the charge, nor the addition as regards the offence or the particulars
which have not been specified or stated, shall be considered, at any
stage of the trial in the Court of First Instance, as prejudicial to the
defence of the accused, unless the accused has been actually
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missed by the error or omission.·
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"Section 165.- In the case where the charge is entered by the
Public Prosecutor, the accused shall, on the day fixed for holding the
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preliminary examination, appear or be brought before the Court The
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Court shall serve a copy of the charge on each of the accused; and,
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after the Court has been satisfied as to the identity of the accused,
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the charge shall be read out and explained to him, and he shall then
be asked whether or not he has committed the offence and whether
he wishes to make any statement in defence. The statement made by
the accused shall be written down. If the accused refuses to make
· any statement, this shall be written down in a memorandum and the
preliminary examination shall then proceed.
The accused is not entitled to adduce evidence in the course
of the preliminary examination, but this shall not debar him from
having the assistance of a counseL
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• "Section 165" revised by the Act Amending the Criminal
Procedure Code (No.6) BE 2499, Section 9,
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