Crime: indictments

Question 1

Where can you have indictments?

Answer 1

Only in the crown court

Question 2

What should an indictment contain?

Answer 2

Who, what the charge is, the relevant legislation and the particulars of the offence

Question 3

When should an indictment be served?

Answer 3

When the accused has been sent for trial

HC/CC judge has directed or consented to the voluntary preferrement of a vill

Question 4

When should the pros serve the indictment on the CC officer?

Answer 4

28 days before the date when copies of doccs are served when a person is sent under s51

Question 5

What must CC officer do next?

Answer 5

sign it and serve it on all parties

Should be on system 7 days before the PTPH

Question 6

At what stage can an indictment be amended?

Answer 6

At any time before a verdict, whether before or after arraingment, provided no injustice is done.

Question 7

What if charges are being changed from those sent?

Answer 7

The defence should be told of this beforehand

Question 8

What are the requirements for inserting a new count?

Answer 8

needs to be founded on the same evidence, same facts or substantive charges

Question 9

What is a voluntary bill of indictment?

Answer 9

an order from a HC judge that the accused should stand trial in the CC for the offence(s) set out in the application.

This is when a charge has been dismissed but fresh evidence against the a has come to light.

This should only be when in the interests of justice

Question 10

What are the overarching exceptions to the rule against duplicity?

Answer 10

whether it amounts to a COURSE OF CONDUCT having regard to the TIME, PLACE and PURPOSE

Question 11

R A D: several items of property from same victim

Answer 11

ie a single spree.

Is there a nexus between them?

Question 12

RAD: several dates (1)

Answer 12

Normally individual offences. Except if it took continually or intermittently over a period of time

• so same sort of offence committed repeatedly on a number of dates
• or offence being committed once between a start and end date
• or where there is an appropritation of articles, but no evidence of the exact dates

Question 13

RAD other grounds

Answer 13

Several victims

Statutory offences and alternative methods of commission

Question 14

When can summary only offences be charged with an indictable only offence?

Answer 14

If it is charged on the same facts/evidence or part of the same/similar offences.

Question 15

If a D is convicted this way, what will happen to their sentence? (ie summary only attached to indictable in crown)

Answer 15

They will only be sentenced for the summary offence with the maximum penalty they would have been given in the mags

Question 16

What is a specimen or sample count?

Answer 16

When it is too complex/long etc for a jury to hear (ie 40 burglaries)

Question 17

What is the process for specimen or sample count?

Answer 17

• Pros provide D with a list of all the offending of which it is alleged the specimen counts are samples
• Evidence of some or all of these additional offences may in appropriate cases be evidence of system
• In other cases, the additional offences need not be referred to until after a verdict of guilty
• It is important that Ds know what they are being accused of, and have the opportunity to respond accordingly - ie the D has to know the case he has to meet

Question 18

What if found guilty and sentenced based on this type of indictment? (sample/specimen)

Answer 18

Conviction and subsequent sentencing can only be for that which he is specifically convicted of and not for the other offences that are not on the indictment

Question 19

How could the rest of the charges be dealt with

Answer 19

split trial.

The rest of the counts are heard by a judge alone where it is considered to be in the interests of justice to do so

Question 20

How can two defendants be put on the same indictment/

Answer 20

1. Joint counts

2. Separate counts

Question 21

1. Joint counts. How does this work?

Answer 21

If they all participated in the offence. Ie they committed a single crime together.

This can also be used if a D plays a secondary role in the principal activity

Question 22

2. Separate counts?

Answer 22

• So long as the various counts themselves are all properly joined according to the rules
  
  • There must be some factor linking the offences and the perpetrators - ie theft and subsequent handing of stolen property

A steals, B and C shield the shop whilst he does this

Question 23

What are the rules for drafting a joint indictment?

Answer 23

• No need to distinguish between the principal and secondary offenders
  
  • The count need not expressly allege that the unlawful acts of each accused were done in aid of the others, as the allegation is implicit in the drafting of a single count

Question 24

What is the process for joint indictments?

Answer 24

Need to consider whether one of the d’s would be substantially adversely affected so that joinder would render an abuse of process

Question 25

Severance is splitting joint defendants to have separate trials. What are the grounds?

Answer 25

1. Difficult to disentangle evidence relevant from other counts
2. evidence against one accused would prejudice the other in the eyes of the jury- be unable to approach with an open mind
3. Evidence varies disproportionately meaning the jury might assume that if guilty of one offence, then guilty of the others

Question 26

Procedural points for severance

Answer 26

BoP is on the D to show that a fair trial can only take place if the cases are severed

Question 27

Where joint trial would lead to very long and complicated trial, what should the judge consider?

Answer 27

the judge should consider whether a number of shorter trials, each involving only some of the accused, might make for a fairer and more efficient disposition of the issues

Question 28

Misjoinder is when counts are improperly joined to an indictment. Court must separate them. What are the factors incldued by teh court in this?

Answer 28

the scandalous nature of the evidence as to one of the counts

and the number and/or complexity of the counts

heard infront of judge only. no jury

Question 29

What might happen after misjoinder?

• The jury?

Answer 29

The jury may be discharged on giving a verdict on the count/counts

The procedure on the separate trial of a count shall be the same in all respects as if the count had been found in a separate indictment and procedure same as if previous had not commenced

+ court may grant bail

Question 30

What steps need to be taken?

Answer 30

It must be amended unless such an amendment would cause injustice

Question 31

Or

Answer 31

the indictment could be stayed

quashed - accused not tried on that part

Question 32

Admitting guilt for a lesser offence

Answer 32

Pros can apply to amend the indictment to add the new count they wish to plead guilty to

OR where it is a direct alternative to the count, they can simply plead G to that offence

The lesser offence has to be somehow included in the greater offence

Question 33

What routes do the prosecution have?

Answer 33

Offering no evidence (= NG verdict)

Lying count on file (pros do have evidence, but have chosen for other reasons not to pursue it. This does not result in an NG verdict).