Indictments

Question 1

An indictment MUST contain counts that are…

Answer 1

Substantially the same as the offence for which D has been sent to trial

Question 2

An indictment MAY contain counts which are

Answer 2

Triable in the CC and which are either (a) founded on the same facts, or (b) form part of a series of offences that are similar in nature.

Question 3

A count may contain multiple incidences, if those indictments amount to…

Answer 3

A single course of conduct

Question 4

P’s duty not to overload the indictment means he should not join any counts that

Answer 4

(a) will result in an unduly long or complicated trial,
(b) place an unfair burden on the jury,
(c) would not be in the interests of justice.

Question 5

Multiple D’s can be joined on the same indictment if:

Answer 5

1. They all participated in the same offence, or

2. The offences are sufficiently linked.

Question 6

The discretion to sever counts will only be exercised if

Answer 6

1. A single trial would prejudice or embarrass D in the conduct of his defence, or
2. It is desirable for some other reason.

Question 7

If a D wants to have a separate trial he must show that

Answer 7

There is no chance of a fair trial otherwise.

Question 8

Adding or substituting a count will be allowed provided

Answer 8

It will not cause injustice

Question 9

An application to quash a count will be successful provided

Answer 9

1. It is well founded, and

2. There are no means of correcting the defect.

Question 10

A charge will be dismissed if

Answer 10

The evidence against the accused would not be sufficient for him to be properly convicted.

Question 11

Consent for a voluntary bill of indictment will be granted if

Answer 11

There is a “good reason” for departing from the usual procedure.

Question 12

An indictment will take the form

Answer 12

1. Court location
2. Case reference
3. R v D
4. Statement of offence (including creating statute)
5. Particulars of offence
6. Signature and date.