If you are charged with something that no longer exists (it may have been abolished) or that doesn’t match the offence or alleged offending, the incorrect charges defence can be useful in changing the charges and possibly even getting a reduction in charges.

This can apply in several circumstances, and the charges may be withdrawn. In the situation where incorrect charges are laid, the two sides will have a meeting to decide the outcome, which may be a contested hearing or trial because the offence at its core has criteria not being met, and it cannot be proven beyond reasonable doubt.

Occasions where this is sometimes used is in sex offending that occurred in the past, by quite some time. Old charges may have been laid, or new, more modern charges may need to be laid.

If the charge is incorrect, it must be immediately withdrawn, but it does not stop the correct charges being laid whatsoever. It does depend on when the error is discovered, however.

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