Indictments Flashcards
What is serving an indictment called?
Preferring the indictment
Under what circumstances can an indictment be preferred?
If the accused has been sent to crown court for trial
High court has directed or consent to a voluntary bill of indictment
Crown court judge has consent to the bill of indictment follwing a deferred prosecution agreement
Court of appeal has ordered a retrial
Prosecutor reinstitutes proceedings after custody time limits have expired
When is an indictment preferred?
When it is signed by the court clerk
or, more normally now,
when it is uploaded to the electronic system
Who is responsible for the indictment?
Prosecution counsel
When must a draft indictment be served on the appropriate officer of the crown court?
20 business days of the date
the person is sent up for trial or the high court consents to the voluntary bill
It must also be served 7 days before PTPH, which normally takes place 28 days after the case is sent to the crown court.
Can the court extend the time limit for serving an indictment?
Yes - even if time limit has expired
What should an indictment include?
The offences charged, each in a separate paragraph.
How should each count be laid out?
Should give a statement of offence and particulars of offence.
This should include the statute if relevant, and details that are clear enough to make out what the prosecutor alleges.
How is the date written for each count on an indictment
Exactly e.g. 1st day of January, 1993
On or about - will mean P has to prove it took place within a reasonable window of time which constitutes on-or-about
An unknown date between - cannot be infinitely wide. must be reasonable estimates of the date immediately before or immediately after it was committed.
What are the circumstances in which multiple offending counts can be charged?
More than one incident in the commission of an offence can be included if the incidents taken together amount to a course of conduct having regard to the time, place or purpose of commission
E.g. victim was the same
marked degree of repetition in method or location
Took place over a clearly defined period of (usually) a max of 1 year
In any event, the defence applied is likely to apply to every incident
When can a specimen or sample count be used?
Where the action is a systematic course of conduct
e.g. repeated rapes over two years - can be listed as one, with some following on “an occasion other than”
What must the prosecution do if a specimen or sample count is used?
Provide D with a list of the similar offences which it is alleged those in the indictment are samples of.
Evidence of these may be needed as evidence of a system. Or they may be considered only on a guilty verdict
Can a charge be added to the indictment after the case has been sent up to trial?
Yes, but only if the offence is indictable or each way, and there is evidence on the papers that the it took place.
In this case as much information should be provided to the accused as possible
Under what conditions can an accused be charged with two or more counts on the same indictment?
If they are founded on the same facts,
or
Form or are part of a series of offences with the same or similar character
or
One offence is a pre-condition (but for test) of the other
Under what conditions can accused be joined on the same indictment?
Where joint offenders are indicted in a single count together
Or where joint offenders are indicted separately on the same indictment
Basically subject to interests of justice test (there is an idea that offences with common ground should be ventilated together)
But subject to there being no prejudice and the offences being sufficiently similar in facts (time or location)
When can the court sever an indictment?
The court can sever both properly and improperly joined indictments
A postponement may be necessary in the interests of justice.
Overarching test is whether it is in the interests of justice
What is relevant to the exercise of the courts discretion in deciding whether to sever?
Where there is a joint count it is likely to be in the public interest to try separately - evidence will need to be given twice etc.
There may be differences in admissibility of evidence, but this is likely to be dealt with by the judges instructions
If the trial will be overly long and complex, this may necessitate severance if a greater number of shorter trials would be fairer and more efficiently dispose of the issues
More likely to happen if separate counts on the same indictment
Generally a presumption in favour of a joint trial
When can an indictment be amended?
At any time, either before or during trial
What is the test for an amendment being made?
Can happen as long as it will not cause injustice against the accused
Can a count be added to an indictment as an amendment?
Yes - but should be read to the accused if after arraignment
What is the purpose of a voluntary bill of indictment?
Mechanism by which the high court can give permission for someone to stand trial by indictment.
Usually used to reinstate a charge which has been dismissed but new evidence has come to light.
They are exceptional, and there must be good reason for not charging in the usual way
