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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 14 : The Charge

85. Objection to charge


(1) An accused may, before pleading to the charge under section 106, object to the charge on the ground—
(a) that the charge does not comply with the provisions of this Act relating to the essentials of a charge;
(b) that the charge does not set out an essential element of the relevant offence;
(c) that the charge does not disclose an offence;
(d) that the charge does not contain sufficient particulars of any matter alleged in the charge: Provided that such an objection may not be raised to a charge when he is required in terms of section 119 or 122A to plead thereto in the magistrate's court; or

[Section 85(1)(d) substituted by section 14 of Act No. 139 of 1992]

(e) that the accused is not correctly named or described in the charge:

Provided that the accused shall give reasonable notice to the prosecution of his intention to object to the charge and shall state the ground upon which he bases his objection: Provided further that the requirement of such notice may be waived by the attorney-general or the prosecutor, as the case may be, and the court may, on good cause shown, dispense with such notice or adjourn the trial to enable such notice to be given.


(a) If the court decides that an objection under subsection (1) is well-founded, the court shall make such order relating to the amendment of the charge or the delivery of particulars as it may deem fit.
(b) Where the prosecution fails to comply with an order under paragraph (a), the court may quash the charge.