A judge has given prosecution lawyers 28 days to come up with a different charge in the case against former Essex cricketer Mervyn Westfield.
The 22-year-old appeared at the Old Bailey charged with conspiracy to defraud over a spot-betting allegation. He denies any offence.
But the Crown Prosecution Service has been told the charge is not known in common law.
It may now bring a charge of corruption or of defrauding a bookmaker.
Mr Westfield is alleged to have dishonestly agreed to bowl against Durham on 5 September 2009 in such a way as to let a certain number of runs be scored.
The next court hearing is likely to be in January at Southwark Crown Court.