1. the indictment, including time limits and the structure and format of an indictment
2. rules governing joinder of counts in an indictment and the consequences of misjoinder
3. rules relating to specimen counts
4. joinder of accused in an indictment
5. applications to sever the indictment
6....
Syllabus 6: Indictments
1. The indictment
[D11.1, D11.2, D11.3]
→ Document containing the charges against the accused on which the accused is arraigned at the
commencement of a trial on indictment.
→ S.2(2) of the Administration of Justice (Miscellaneous Provisions) Act 1933 :
No draft indictment may be served unless:
(a) The accused has been sent to trial
(b) HC judge has directed or consented to the preferment of a voluntary bill of indictment
(c) A CC judge has consented to the preferment of a voluntary bill of indictment
(d) The court of appeal has ordered a retrial.
→ s.2(1) of the Administration of Justice (Miscellaneous Provisions) Act 1933
(1)Subject to the provisions of this section, a bill of indictment charging any person with an indictable
offence may be preferred by any person before a court in which the person charged may lawfully be
, indicted for that offence and it shall thereupon become an indictment and be proceeded with
accordingly.
→ CrimPR 10.3: A draft indictment will be generated electronically when the case is sent, based
on the allegation before the magistrates’ court, subject to the substitution or amendment of the
charges included by the prosecution.
2. Responsibility for drafting an indictment
[D11.6, D11.8 - D11.9]
→ Ultimate responsibility of prosecution counsel to ensure that the indictment was in proper form
before arraignment.
a. Time limit for serving a bill of indictment
Except for cases where the draft indictment has been generated automatically, a draft indictment
should be served within 20 business days of the date on which:
• Copies of documents are served where a person is sent for trial under CDA 1998, s.51
• A HC judge has consented to the preferment of a voluntary bill of indictment under r.10.5(2)
An indictment is to be served at least 7 days before the PTPH.
b. Extension of time
• Can be made even after the time limit has expired.
• No specific rules by which an application for an extension should be made.
3. Counts which may be included in an indictment
[D11.13 - D11.14]
→ Power to amend indictment: s.5 Indictment Act 1915
→ Indictment may include either in substitution for or in addition to any county charging an
offence specified in the notice under s.57D(1) CDA 1998, any counts founded on material
which, in pursuance of regulations made under paragraph 1 of Schedule 3 of that Act, was
served on the person charged.
→ A draft indictment may include charges for any indictable offence disclosed by the evidence
served under the regulations for the service of the prosecution case after the accused has
been sent.
4. General form of an indictment
[D11.23, D11.28, D11.32, D11.34]
Basic requirements:
➢ Each offence charged should be set out in separate paragraphs or count (if more than one,
numbered).
➢ Each count should be divided into a statement of offence and particulars of offence.
➢ Statement of offence describes the offence shortly in ordinary language and should specify
the section and subsection the provision contravened (if statutory).
➢ Particulars of offence should give such particulars as may be necessary for giving
reasonable information as to the nature of the charge.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller pearlagius. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.79. You're not tied to anything after your purchase.
