Indictments

Question 1

What are the four rules for provision of a draft indictment

Answer 1

1 - accused has been sent for trial
2 - High Court judge has directed or consented to the preferment of a voluntary indictment
3 - CCJ consented to preferment of bill of indictment following declaration by court approving a deferred prosecution agreement
4 - CoA ordered re-trial
*indictment must be preferred - can be where time limit for custody has expired

Question 2

What is the status of a electronically generated indictment?

Answer 2

once uploaded to digital system it has been preferred

Question 3

Who is responsible for indictment being in correct form?

Answer 3

prosecution counsel

Question 4

What is the time limit for serving a draft indictment

Answer 4

within 20 business days of:
- copies of docs are served where person sent under s51 OR
- a High Court judge has consented to preferment of voluntary bill of indictment
and at least 7 days before PTPH

Question 5

can time limit for service of indictment be extended?

Answer 5

yes - even if outside time limit - no specific formw

Question 6

where does the power to amend an indictment arise from

Answer 6

Indictment Act 1915

Question 7

What can an indictment include?

Answer 7

either in substitution or in addition any counts founded on the same material.
as much notice of included charges should be given

Question 8

What are key layout points of an indictment?

Answer 8

• each charge should be sep para (numbered counts if multiple)
• divided into offence and particulars of offence
• statement of offence should describe it in ordinary language
• ## particulars given necessary to give reasonable information

Question 9

what should the indictment do if the date of offence is not known

Answer 9

‘on or about xxxx’- must be reasonable approximation
‘on a day unknown between Xx and XX’ mus be earliest and latest possible

Question 10

What are the exceptions to the rule against duplicity (contnuous offences)

Answer 10

acts that form single activity or transaction/continuing oggence
otherwise must only be one date per count

Question 11

what are examples of continuous offence

Answer 11

prefer single date unless continuity increases gravity
conspiracy clear example of continuous indictable offence - begins when they enter agreement
theft where occurs over long period with small sums and it’s not possible to particularise dates

Question 12

when might it be appropriate to include a multiple charge count

Answer 12

victim same on each occassion/no identifiable victim
marked degree or repetition or method
clearly defined period
defence can apply to every incident

Question 13

When can a court not order separate trials for a joint indictment?

Answer 13

offences to be tried together are founded on the same facts or form or are part of a series of offences of the same or similar character.

Question 14

when may a court exercise its’ power to separate joint trial

Answer 14

D may otherwise be prejudiced or embarrassed in his or her defence (not same facts or character)
OR any other desirable reason

Question 15

What is needed to satisfy limb one of r3.29(4)

Answer 15

single incident or uninterrupted course of conduct

Question 16

What established a factual connection between offences

Answer 16

coincidence of time and place
later offence would not have occurred but for commission of prior offence

Question 17

What is the criteria for a series of offences?

Answer 17

• at least 2
• consider legal and factual characteristics
• some ‘nexus’ - feature of similarity
• e.g Ludlow - series of thefts/attempted thefts where each person took turns to watch out/steal

Question 18

where it is not appropriate to allege continuous/multiple offending count what counts could be used

Answer 18

specimen or sample
e.g rape of X occassions

Question 19

What is procedure for specimen counts

Answer 19

• defence should be provided with list of all similar offences alleged that those on the indictment are samples
• evidence of some or all of these additional offences may in appropriate cases be led as evidence of system
• OR will be taken into account post sentencing

Question 20

what is key problem with sample counts and how is it addressed

Answer 20

accused must know the case they have to meet and have chance to be tried - specimen should give sufficient detail as to make it clear what case the accused is to meet

Question 21

all parties to a joint offence may be indicted for it in a single count - what are the rules in drafting this

Answer 21

• no need to distinguishing principal/secondary offenders
• count need not expressly allege unlawful acts of each accused were done in aid of the other

Question 22

What are possible verdicts on Joint Counts

Answer 22

can both be found G/NG or mixed - if one G the other NG does not implicate them
preferrable that if clear that neither relied upon the other to commit offence it would be tried separately

Question 23

Does the court have power to sever indictments and under what circs?

Answer 23

• yes under IA 1915 s5(3) - D to be embarrassed or prejudiced by joinder
• allows court to postpone trial as necessary
• procedure to be as if count preferred on sep indictment
• can apply to invalid indictment so long as can be resolved by removing invalidity by amendment

Question 23

what factors may justify severance

Answer 23

• scandalous nature of evidence
• number/complexity of counts that may result in difficulty for juries to separate facts
• fact that D wishes o give evidence in defence on one account but not others

Question 24

what factors does the court take into account when deciding whether to separate

Answer 24

• preserve consistency by having evidence before one jury therefore one court (even where cut-throat defences employed)
• whether evidence may be admissible against D1 and not D2
• length and complexity of joint trial
• series of offending
• general presumption in favor of joint trial

Question 25

What is the extent of the courts power to amend an idictment

Answer 25

• formal defects in wording
• substantial defects such as divergence between allegation in the count and evidence
  -insertion of NEW count - if after arraignment must be read to accused (not same as if substantially all same just separated)
• not limited to evidence served at committal
• can be done at any stage of trial prior to verdict (even after jury retired to consider)

Question 26

what is the principle reason for a voluntary bill of indictment to be preferred?

Answer 26

charge dismissed but fresh evidence against the accused has come to light
only to be sought where good reason not to commence in usual way
e.g charge transferred to CC and dismissed - prosecution wish to proceed