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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a friend who is being prosecuted for alleged theft from

Customer Question

I have a friend who is being prosecuted for alleged theft from a trust account he supervised for an elderly aunt. The indictment states that on 9 counts he made unauthorised withdrawals from the bank account where the trust funds were held. However the name of the bank shown for each count in the indictment is completely different from the bank where trust funds were held. Will the inaccurate detail in the indictment render the criminal proceedings in Court invalid?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Sadly it does not invalidate proceedings, the prosecution can simply apply to amend the charge so that it is correct.
Alex Watts : Things like this happen all the time and the prosecution just amend
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-tzmda24f- :

The trial has commenced using the inaccurate indictment. Surely this means that the prosecution cannot now change the indictment?

Alex Watts : Yes the charge can be amended at any point up until the jury go out,
Alex Watts : Does that clarify?
Alex Watts :

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