Criminal Procedure - 6th edition

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The judge shall examine the person brought before him in accordance with Section�115 subsection (3). (2) If the judge does not consider the arrest justified, or if he considers that the reasons therefor no longer apply, he shall order release. Where a charge is defective for the want of an averment which is an essential ingredient of the relevant offence, the defect shall, unless brought to the notice of the court before judgment, be cured by evidence at the trial proving the matter which should have been averred.

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Publisher: Thomson/ Wadsworth; 6 edition (2003)


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