INDICTMENTS

INDICTMENTS
SYLLABUS REFERENCE:
6. Indictments
 The time limits for preferring a bill of indictment,
 The structure and format of an indictment,
 The format of a count,
 Counts which can lawfully be joined on an indictment,
 The rules relating to duplicity, specimen counts and overloading of indictments,
 The joinder of defendants on an indictment,
 Applications to sever the indictment,
 The consequences of misjoinder,
 Applications to amend indictments,
 Applications to stay and quash indictments,
 Applications to dismiss indictments,
 Voluntary bills of indictment (key principles only).


READING:
Required reading
 CLS Crim Lit Manual 2014, Chapter 10
 Blackstone’s D11 (but see Reading List SGS 9)

[LGS notes examines Kevin Heath’s indictment]

Indictments
Definition: An indictment is the formal document which sets out the charges to be
tried in the Crown Court. From which he is arraigned at the commencement of a
trial on indictment

The time limits for preferring a bill of indictment
 An indictment is a written accusation of crime made by P against D
 (Other than generated electronically) P must serve the draft indictment on the
Crown Court officer not more than 28 days of the date in which:
o Copies of the Doc are served where a person is sent for trail under CDA
1998 s51
o HC judge has consented to preferment of the voluntary bill of indictment
 However, It should be served more quickly than 28 if the P wants to add more
counts (which differ or add to the counts)
 The indictment must be served 7 days before PTPH (which takes place within
28 days of accuse being sent to the CC)

Extension of time: CC can extend the time limit even after it has expired

Service

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, Draft indictment is not served unless:
1. D has been sent for trial; (“Committal” has been abolished)
2. Crown Court judge has consented to the preferment following a declaration
by the court approving a deferred P agreement
3. A High Court has had given permission to serve the indictment (following a
declaration by the court approving a deferred P)
4. The Court of Appeal orders a retrial

Electronically Generated Indictments
 Majority of cases are generated electronically based on allegations before the
Mag’s court, subject to substitutions or amendments of the charges

 By a draft indictment being uploaded to the digital system, it has been preferred
(served)
 Draft indictment should be served on the court and endorsed by the court officer
and when the indictment is endorsed the date of the receipt should be added
o If these requirements are not satisfied, the electronic indictment is
still valid impugn
 The officer of the crown court is required to endorse it, unless:
o The court directs otherwise
 Any objections to the form of the indictment must be taken before the start of
the trial.
 Care must be taken because of the risk of multiple versions.

Not a requirement for it to be signed

Drafting the indictment
 Responsibility of the indictment rest on the counsel for the P who must ensure
that it is in the proper form bore arraignment

Each indictment must have:
1. Heading, which contains a unique reference number for the case
2. Identifies the Crown Court (which location of the Crown Court – eg CC at
Southwark)
3. The name of the Defendant(s)
4. Count(s)  s3(1) of the Indictments Act 1915 provides that the indictment must
contain “a statement of the specific offence or offences with which the accused
person is charged, together with such particulars as may be necessary for giving
reasonable information as to the nature of the charge”

General Form of an indictment
Basic requirement as to the layout of an indictment:
1. Each charge faced by the Defendant is contained in a separate “count”
a. If more than one count they should be numbered
2. Each count must contain: (See Crim PR r.14.2(1))

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, o ‘Statement of the offence’:
 Describes the offence in ordinary language and
 Identifies any legislation that creates it, and
o ‘Particulars’:
 Such particulars as may be necessary for giving reasonable
information as to the nature of the charge of the conduct
constituting the commission of the offence, making it clear what
the prosecutor alleges against the defendant.
 This gives factual information about the charge – must disclose the
essential elements of the offence
 The Particulars of Offence should give “such particulars as may be
necessary for giving reasonable information as to the nature of the
charge” and there should be included “such particulars of the
conduct constituting the commission of the offence as to make
clear what the prosecutor alleges against the Defendant”

Date of offence
 It should state the date in so far as it is known
 Should be stated in this order, for example 18 January 2018
 If the date is unknown: must state ‘on or about’ a specific date or ‘on a day
unknown’ before a specific date
o Where ‘on or about is used the evidence must show the offence to have
been committed within some period that has a reasonable approx. to the
date mentioned in the indictment

Charges Revealed by papers
 Where a person is charged is sent for trial the bill of indictment against him may
include either: (1) Substitution for, or (2) An Addition to any accounts
changing an offence specify in notice
 Any counts founded on material may joined on the same indictment of the
person charged
o It must be closely linked to be joined on the single indictment
 It may include charges of any indictable offences disclose by evidence served
after the accuse has been sent
 Where an accuse is not sent and a drafter wants to include an account, he must
ensure
o That the offence is disclosed by the statements
o As much notice as possible of such charges is provided to the accuse


“Duplicity”: Continuous Offences
 Required that a count must allege that the offence occurred on one day not on
several days.
o They must be distinct criminal acts where those acts form a single activity
or transaction

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