Chapter 5—Trial on indictment Part 5.1 - Introduction; Part 5.2 - Indictment and place of trial Flashcards
Chapter 5—Trial on indictment Part 5.3 - Notifying accused of indictment - Part 5.4 - Discontinuing a prosecution
S158 Application of Chapter
This Chapter applies if (a) accused is committed for trial per Ch 4 or (b) direct indictment is filed against accused
S159 DPP or Crown Prosecutor may file indictment
(1) DPP or CP in name of DPP may file indictment
(2) may be filed at any time excpt where otherwise provided (163)
(3) (a) in writing (b) signed by DPP/CPP (c) be Sch1 compliant
160 Choice of Supreme Court or County Court for filing indictment
(1) indictment may be filed in (a) the SC; or (b) the CC, if all offences alleged are within that latter jurisdiction.
(2) In choosing Court, DPP/CP must consider (a) case complexity (b) offence seriousness (c) any particular importance attaching to case (d) any other consideration DPP/CP considers relevant
161 Direct indictment commences criminal proceeding
The filing of a direct indictment commences a criminal proceeding.
(s 3) Direct indictment means an indictment filed against an accused: (a) who has not been committed for trial in respect of the offence charged in indictment or a related offence; OR (b) whose prosecution for the offence charged in the indictment or a related offence; (i) was discontinued per s 177; (ii) was subject of a nolle prosequi; (iii) resulted in an acquittal within the meaning of Chapter 7A and the prosecution of the offence charged in the indictment may only proceed if the Court of Appeal gives authorisation under section 327O;
162 Filing of any other indictment does not commence criminal proceeding
The filing of an indictment other than a direct indictment does not commence a new criminal proceeding against the accused.
163 Time limits for filing certain indictments (6mth/14dys/28dys)
(1) (a) if person committed for trial (for non-sexoff), DPP/CP may file indictment within 6 months of committal date or
(b) within extended period per s 247
(2) if person committed for trial re: sexual offence in which complainant was child or person with CI when criminal proceeding was commenced, DPP/CP may file (a) within 14 days after the date of committal, or (b) within extended s 247 period
(3) any other sexual offence (a) 28 days before day on which trial listed to commence (b) within extended s 247 period
S164 Filing of fresh indictment
(1) here, FI means indictment which includes charge for the same offence charged in previous indictment
(2) Nothing in s 163 prevents filing of FI
(3) Filing of FI does not commence a new CP
(4) on filing of FI, proceedings in relation to offences in previous indictment discontinued
S165 Order for amendment of indictment
(1) Court at any time may order indictment be amended how court thinks necessary unless can’t be made without injustice to A
(2) if amended, indictment treated as filed in amended form
S166 Errors etc. in indictment
(1) not invalid only by reason of failure to comply with Sch1
(2) (a) charge not invalid only because offence time omitted, unless time of offence commission essential element;
(b) time of offence commission incorrectly stated;
(c) offence stated to have been committed on impossible day/day that never happened
S167 Supreme Court may order that A be tried in County Court or Supreme Court
(1) (a) if indictment filed in SC, (b) offence can be tried by CC, SC SC may order A be tried at sitting of CC specified in order
(2) If an indictment against an A is filed in CC, the SC may order that the A be tried at a sitting of the SC specified in the order
S168 - Court may transfer certain charges to MC or Children’s Court
(1) at any time except during trial, SC or CC can transfer proceeding for IOTS to MC or KidC if (a) A consents to transfer, AND (b) matter appropriate to be determined summarily, (i) considering s29(2) matters for MC; (ii) s 356(3) for KidC
(2) Subject to 168A, Court must not transfer charge that MC or CC refused to det. Summarily unless there’s been significant change in charges or prosecution case
(3) If order made, transferred charge must be H/D summarily
(4) If order is made under this section, the transferring court may
(a) May order A appear before the MC or KidC as case requires on a specified date (b) If A is NP, bail/remand before that date
(c) order corp A to appear at specified date by rep. or LP
168A Cat A and Cat B serious youth offences – transfer
See Act if need
169 Place of hearing of criminal trial
(1) SC/CC trial to be held to be in court sitting at place nearest to crime scene unless s 192 order made
(2) trial not invalid only because held in different place
170 Multiple charges or multiple accused on single indictment
(1) If Indictment contains more than one charge, charges must be heard together unless order made under ss 193, 195. (2) if indictment names more than one As, charges against all accuseds must be tried together unless s 193 order made
