Section 239 - Court may alter charge

Alteration of charges permits courts to amend or add charges before judgment, subject to prejudice safeguards and sanction requirements.

Courts may alter or add charges at any time before judgment, and must read and explain any alteration or addition to the accused. If the court finds the change will not prejudice the accused or prosecutor, it may proceed as if the altered charge were original; if prejudice is likely, the court may order a new trial or adjourn. Where prior sanction is required for the offence in the altered or added charge, proceedings cannot continue until such sanction is obtained unless an equivalent sanction for the same facts already exists.