Indictments

Question 1

When must a draft indictment be served

Answer 1

Serve Crown court officer within 20 business days of the date on which:

A) copies of documents are served where a person is sent for trial; or

B) a high court judge has given permission to serve a voluntary bill of indictment

In any event, the court expects draft indictment to be served at least 7 days before PTPH

Question 2

Where do you use a voluntary bill of indictment

Answer 2

Where defence successfully dismissed indictment but now new evidence has come to light for example

Must apply to high court for this

Question 3

What is the test for severance

Answer 3

If D may be prejudiced or embarrassed in his or her defence ( for example if offences in indictment are founded on different facts) or

It is desirable that D be tried separately

Question 4

What offences should be joined

Answer 4

Ones that are similar or form a series of offences

Question 5

Which summary offences can be joined to indictment

Answer 5

Common assault
Taking a motor vehicle without the owners consent
Driving whilst disqualified
Criminal damage under 5000

Question 6

When can Defendants be joined

Answer 6

If have committed a single offence together or a number , or there is some other common link