Criminal Code (Cap. 9), article 597

597. (1) It shall be in the power of the court, either ex officio , or upon the plea of the accused, to make an order for the amendment of the indictment, provided this is done before the accused pleads to the general issue of guilty or not guilty: bu t nothing shall be added which might render the offence of a grav er character. or upon demand of Attorney General. (2) Any such order may also be made upon the demand of the Attorney General in the case of any error or defect in the indictment, even though, on the ground of such error or defect, the accused has set up the plea, or the court ex officio has raised the question, of the nullity of the indictment. Accused may demand adjournment of trial. (3) Where an amendment of the indictment has been ordered by the court either ex officio or upon the demand of the Attorney General, it shall be lawful for the accused to demand the adjournment of the trial in orde r that he may pr epare his defen ce. Defects in inquiry constituting grounds for impugning indictment. (4) The indictment cannot be impugned on the ground of any defect in the record o f inquiry, nor can t he accused demand tha t, on the ground of any such defect, the trial on the said indictment be not proceeded with, unless such d efect consists in the total ab sence of the charges being read or of the examination of the accused or of the order committing the accused for trial, or in the refusal o f the court of criminal inquiry, without just cause, to hear the evid ence produced by the accused; saving al ways the right of the accused and the Attorney General to oppos e the production, at the trial , of any act tendered in evidence wh ich is not according to law. 378 CAP . 9.] CRIMINAL CODE Want of jurisdiction of court of inquiry ratione loci not to constitute ground for impugning indictment. (5) Nor can an indictment be impugned for want of jurisdiction of the court which held the inquiry, on the ground that the inq uiry should have been held by the Court of Magistrates (Malta) and n ot by the Court of Magistrates (Gozo ) or by the Court of Magistrat es (Gozo) and not by the Cour t of Magistrates (Malta). Correction of error in name of accused.