(1) The accused may, at any time before sentence, whether on his or her plea of guilty or otherwise, move in arrest of judgment on the ground that the indictment does not even after any amendment which the Court is willing and has power to make, state any indictable or other offence which the Court has power to try.
(2) The Court may, in its discretion, either hear and determine the matter during the same sittings, or adjourn the hearing of the matter to a future time to be fixed for that purpose.
(3) If the Court decides in favour of the accused, the Court shall discharge him or her.