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Magistrates’ Courts Act 1980
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Version Superseded: 03/10/2011
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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)
C1S. 123 applied (with modifications) (1.4.1997) by S.I. 1997/704, rule 5(1)(3)(4)(h)(6)
C2S. 123 applied (with modifications) by S.I. 2010/60, rule 62.16 (as substituted (4.4.2011) by The Criminal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/3026), rules 1, 9, Sch. 2)
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