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Section history

Section 423 — When irregularities do not make proceedings invalid

As in force on 14 February 2025.

Timeline 3 versions
  1. 2 January 2011 Enacted
  2. 14 February 2025 Act 5 of 2024
  3. 17 August 2026 Latest
Amended in force 14 February 2025 by Criminal Procedure (Miscellaneous Amendments) Act 2024
423.When irregularities do not make proceedings invalid

Subject to this Code, any judgment, sentence or order passed or made by a court of competent jurisdiction may not be reversed or altered on account of —

(a)an error, omission or irregularity in the complaint, summons, warrant, charge, judgment or other proceedings before or during trial or in an inquiry or other proceeding under this Code;

(aa)the breach of any of the prosecution’s obligations under section 221B(3)(a) or (b) or (4)(a) or 221D, or the prosecution’s obligations under section 221B(4)(b) to serve the materials mentioned in section 221B(1)(b);

(b)the lack of any consent by the Public Prosecutor as required by law; or

(c)the improper admission or rejection of any evidence,

unless the error, omission, improper admission or rejection of evidence, irregularity or lack of consentirregularity, breach of any of the prosecution’s obligations, lack of consent or improper admission or rejection of evidence has caused a failure of justice.