Part 7 - The Charge Flashcards
Section 123
Form of charge
(1) Every charge under this Code must state the offence with which the accused is charged
(2) If the law that creates the offence gives it any specific name, the offence may be described in the charge by that name only
(3) If the law that creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged
(4) The provision of the law against which the offence is said to have been committed must be mentioned in the charge
(5) The fact that the charge is made is equivalent to a statement that the case fulfils every legal condition required by law to constitute the offence charged
(6) If the accused has been previously convicted of any offence and it is intended to prove that previous conviction for the purpose of affecting the punishment which the court is competent to award, the fact, date and place of the previous conviction shall be stated in the charge; but if the statement is omitted, the court may add it at any time before sentence is passed
(6A) If the accused is subject to a remission order made under the Prisons Act (Cap. 247) and it is intended to prove the remission order for the purpose of affecting the punishment the court is competent to award, the charge must state —
(a) the fact of the remission order; and
(b) the remaining duration of the remission order on the date of the offence stated in the charge, but if the statement is omitted, the court may add it at any time before sentence is passed
(7) All charges upon which persons are tried before the High Court shall be —
(a) in accordance with the prescribed form;
(b) brought in the name of the Public Prosecutor; and
(c) signed by the Public Prosecutor or by some person authorised by him in that behalf and in the latter case, the words “By authority of the Public Prosecutor” shall be prefixed to the signature
Section 124
Details of time, place and person or thing
(1) The charge must contain details of the time and place of the alleged offence and the person, if any, against whom or the thing, if any, in respect of which it was committed, as are reasonably sufficient to give the accused notice of what he is charged with
(2) If the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify —
(a) the gross sum in respect of which the offence is alleged to have been committed; and
(b) the dates between which the offence is alleged to have been committed, which period shall not exceed 12 months, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence
Section 125
When manner of committing offence must be stated
If the particulars mentioned in sections 123 and 124 do not give the accused sufficient notice of what he is charged with, then the charge must also give details of how the alleged offence was committed as will be sufficient for that purpose
Section 128
Court may alter charge or frame new charge
(1) A court may alter a charge or frame a new charge, whether in substitution for or in addition to the existing charge, at any time before judgment is given
(2) A new or altered charge must be read and explained to the accused
Section 143
Persons who may be charged and tried jointly
The following persons may be charged and tried together or separately:
(a) persons accused of the same offence committed in the same transaction;
(b) persons accused of different offences committed in the same transaction;
(c) persons accused of 2 or more offences which form or are a part of a series of offences of the same or a similar character;
(d) a person accused of an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating, and another person accused of receiving or retaining or assisting in the disposal or concealment of the subject matter of that offence;
(e) persons accused of offences under sections 411 and 414 of the Penal Code (Cap. 224), or either of those sections, in respect of the same stolen property, the possession of which has been transferred as a result of the original offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating;
(f) a person accused of any offence under Chapter XII of the Penal Code relating to a counterfeit coin, and a person accused of any other offence under that Chapter relating to the same coin;
(g) a person accused of committing an offence and a person accused of abetment of or attempt to commit that offence
