2.7 Indictments - general rules

Question 1

What is an indictment?

Answer 1

A document containing the charges that D faces in the Crown Court. (Hence, trial on indictment.)

Question 2

Where are most of the rules on indictment contained?

Answer 2

Rule 10 CrimPR

Question 3

What are the two sections comprising the indictment?

Answer 3

CrimPR 10.2
1. A Statement of Offence
(the offence(s) charged described in ordinary language and identifying the relevant statute)
2. Particulars of Offence
(the particular’s of D’s conduct constituting the commission of the offence)

Question 4

What is a voluntary bill of indictment?

Answer 4

CrimPR 10.9
Where the prosecutor applies to the High Court for permission to serve a new bill of indictment after the previous bill was dismissed on application by the defence.

Question 5

When must the prosecutor serve the draft indictment on the Crown Court?

Answer 5

CrimPR 10.4
Normally, within 28 days of serving the prosecution evidence.

CrimPR 10.5
When a High Court Judge has consented to the preferment of a voluntary bill of indictment, within 28 days.