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Indictments Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Indictments notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

INDICTMENTS GENERAL RULES ON INDICTMENTS

? general o contentsstatement of offence (Act contravened)particulars of offence (allegation)

o pros responsible for drafting + ensuring proper form o the process

1. pros draft

2. pros send draft indictment to CC

3. CC officer checks and signs
? requirement for signing o draft indictment must be signed by court officer of CC, unless court directs otherwise (r14.1(3))

o court officer should add date of receipt (r14.1)(3)(a)) o consequences of defective signingunsigned indictment = invalidmerely procedural failure will NOT necessarily render indictment invalid e.g. signing on front page rather than endCANNOT object after commencement of trial if indictment properly served (see below)

? service o no draft indictment may be served unless: (a) (b) (c) (d)

D sent for trial under s51 CDA 1998; OR notice of transfer given to relevant mags'; OR HC judge directed / consented to voluntary bill; OR CA has ordered a retrial

o time limits(CPS usually) take all reasonable steps to serve CC copy on CC officer within 28 days of date: of notice of transfer / HC judge directs or consents to voluntary bill / copies of documents served where person sent for trial under s51 (r14.1)serve quicker if pros seeking to include additional / different counts than those on basis of which D sent to CCextension of time limit?

CC may extend, even if expiredno specific rules for applications

breach of time limitsNOT ground for appeal

?

judge can exercise discretion to allow service out of time unless there is an "inordinate delay which has clearly caused / is likely to cause prejudice to D"

? counts which may be included in an indictment o indictable offences?

definitionscommittal offence = offence for which D IS sent to CC under s51non-committal offence = offence for which D NOT sent to CC under s51

contents of indictment (s2(2) AJ(MP)A; r14.2(5) CrimPR)may contain:

(a) any count charging substantially the same offence as that for which D sent for trial (i.e. committal offences usually just contains these); AND

(b) any other indictable offence (i.e. non-committal offence) based on pros evidence already served (i.e. based on pros WSs) only if offence is:in substitution for offences sent for trial; ORcould lawfully be joined in the indictment which results from sending original offences to CC (i.e. satisfy r14.2(3) - see joinder below)

o certain summary offences (s40 CJA 1998)can be included if:

i. ii.

D sent for trial for indictable offence; AND s40 applies to summary offence:

o o o o o

common assault + battery assaulting custody officer taking motor vehicle without owner's consent driving whilst disqualified criminal damage under PS5k

iii. summary offence founded on same facts /
evidence OR part of series of offence of same / similar character as indictable offence; AND

iv. facts / evidence relating to summary offence disclosed to mags' inquiring into offence / by material served on D as part of s51 procedureeffect: summary offence tried as if were indictable BUT if D convicted, max sentence limited to that mags' could've imposedN.B. s51(3) CDA 1998

The rule against duplicity

? the rule o = each count must allege only 1 offence AND 1 day

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