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Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Miscellaneous provisions

379: Proceedings not to be questioned for want of form

You could also call this:

"Mistakes on court documents don't automatically cancel a case"

Illustration for Criminal Procedure Act 2011

If you are in court, you might worry that a small mistake on a document could affect the case. But the court will not throw out a case just because of a minor error, unless the court thinks it has affected the fairness of the trial. You can see how this rule has been used in the past by looking at the law from 1957.

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Crime and justice > Courts and legal helpCrime and justice > Criminal law
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380: Proceedings not invalid because defendant should have been dealt with in Youth Court, or

"Mistake in court type doesn't cancel the case"

Part 8Miscellaneous and transitional provisions
Miscellaneous provisions

379Proceedings not to be questioned for want of form

  1. No charging document, summons, conviction, sentence, order, bond, warrant, or other document, and no process or proceeding may be dismissed, set aside, or held invalid by any court by reason only of any defect, irregularity, omission, or want of form unless the court is satisfied that there has been a miscarriage of justice.

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