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Changes over time for: Section 123


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Version Superseded: 03/10/2011
Status:
Point in time view as at 04/04/2011. This version of this provision has been superseded.

Status
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Changes to legislation:
Magistrates’ Courts Act 1980, Section 123 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation
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123 Defect in process.E+W
(1)No objection shall be allowed to any information or complaint, or to any summons or warrant to procure the presence of the defendant, for any defect in it in substance or in form, or for any variance between it and the evidence adduced on behalf of the prosecutor or complainant at the hearing of the information or complaint.
(2)If it appears to a magistrates’ court that any variance between a summons or warrant and the evidence adduced on behalf of the prosecutor or complainant is such that the defendant has been misled by the variance, the court shall, on the application of the defendant, adjourn the hearing.
Modifications etc. (not altering text)
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