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T6- Indictments Flashcards

1
Q

What is an indictment?

A

An indictment is the formal document that contains the charges to be tried at the Crown Court.

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2
Q

Who has ultimate responsibility for the indictment?

A

Prosecution counsel has ultimate responsibility for ensuring the indictment is in proper form.

P has to prep indictment before arraignment

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3
Q

When must the indictment be finalized and in proper form?

A

Before arraignment, which is the stage where the defendant enters a plea.

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4
Q

Preferring the Indictment

When does a draft indictment become an indictment?

A

A draft indictment (or bill of indictment) becomes the indictment when it is preferred.

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5
Q

Under which statute are the rules on preferring indictments found?

A

Section 2(2) of the Administration of Justice (Miscellaneous Provisions) Act 1933.

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6
Q

In which four situations can a bill of indictment be preferred under s2(2)?
A: ( Preferred Indictment)

A
  1. The accused has been sent for trial by the magistrates’ court.
  2. A voluntary bill has been preferred with consent of a High Court judge.
  3. A voluntary bill has been preferred with consent of a Crown Court judge following a deferred prosecution agreement.
  4. The Court of Appeal has ordered a retrial.
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7
Q

How are most indictments generated and preferred today?

A

Most are electronically generated during the sending process and are preferred immediately before arraignment.

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8
Q

When is a non-electronic indictment preferred?

A

When the draft indictment is uploaded to the Digital Case System (DCS).

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9
Q

Why is the timing of “preferment of indictment” important?

A

Because once the indictment is preferred:

  1. The prosecution cannot discontinue proceedings.
  2. The defence cannot apply to dismiss an offence after arraignment.
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10
Q

What must a court officer do when an indictment is preferred?

A

The court officer should endorse and date the indictment (unless directed otherwise), but failure to do so does not invalidate the indictment.

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11
Q

Time Limit

What is the time limit for serving a draft indictment after sending (when not electronically generated)?

A

The Prosecution must serve the draft indictment within 20 business days of service of the case papers.

Note: This can be extended, even after the time limit has expired.

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12
Q

What does CrimPD 5.2.1 require regarding the indictment before PTPH? ( when shld the indictment be served in the CC)

A

The indictment must be served at least 7 days before the Plea and Trial Preparation Hearing (PTPH).

Note: The PTPH itself should take place within 28 days of sending.

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13
Q

What is the time limit for serving the indictment when a voluntary bill is preferred with High Court judge’s consent?

A

The indictment must be served within 20 business days.

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14
Q

What is the time limit for serving the indictment after the Court of Appeal orders a retrial?

A

It must be served within 28 days.

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15
Q

How should offences be presented in an indictment? (Format)

A

Each offence must be set out in a separate paragraph called a count, and numbered if there is more than one.

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16
Q

What are the two parts of each count in an indictment?

A

1) Statement of offence – describes the offence and includes relevant statutory provisions (e.g. section/sub-section).

2) Particulars of offence – outlines the conduct alleged in more detail (CrimPR R10.2(1)(b)).

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17
Q

What should the particulars of the offence include?

A

Names of the defendant(s)

Dates of the offence (if known)

Name of the complainant (if applicable)

The state of mind (mens rea) the prosecution must prove

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18
Q

What if the precise date of the offence is unknown?

A

“On or about”

“On a date other than the date in count one”

“On a day unknown – between [date] and [date]”

📌 Use a day before the earliest possible and a day after the latest possible offence date.

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19
Q

How should an indictment be headed?

A

With the date and a description (e.g. first indictment, trial indictment), to clarify status when multiple indictments are uploaded to the Digital Case System (DCS).

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20
Q

What must the court do regarding indictments at trial?

A

The court must require the prosecution to identify the indictment they wish to pursue and ensure the defendant understands and has been arraigned on that specific indictment.

The indictment should be headed with the date and description of the
1. First indictment
2. Trial Indictment

At trial the court must also require the P to identify which indictment they wish to pursue and ensure that the D understands and has been arriagned on that indictment

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21
Q

What Counts MAY appear on the indictment

Q: What types of offences can appear on an indictment?

A

Any indictable offence disclosed by the prosecution papers, as per s2 of the Administration of Justice Act 1933 (AJA 1933).

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22
Q

What is the key factor in deciding whether a count can be included on the indictment?

A

Whether there is evidence on the prosecution papers that supports the proposed count.

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23
Q

Can new charges be added to the indictment beyond those for which the defendant was sent to the Crown Court?

A

Yes. Any offence disclosed by the papers can be included—either in addition to or in substitution for the offences originally sent by the magistrates’ court.

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24
Q

Can summary-only offences appear on the indictment?

A

Yes, but only in certain circumstances under s40 of the Criminal Justice Act 1988 (CJA 1988).

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25
The Rule against Duplicity What is the rule against duplicity in indictments?
It’s the rule that each count on an indictment must charge only one offence.
26
Why does each count need to contain only one offence?
So it is clear to the defendant what they are accused of, and so the jury can return a clear verdict of guilty or not guilty on each individual offence.
27
What problem arises if a count includes more than one offence?
It becomes unclear which offence the jury has convicted or acquitted on, since they can only return a single verdict per count.
28
Does the rule against duplicity apply in magistrates’ courts as well?
Yes — the same rule applies to charges in the magistrates’ court.
29
Are there exceptions to the rule against duplicity?
Yes — exceptions exist for offences involving a continuous act or a course of conduct (e.g., repeated assaults over time or ongoing harassment).
30
When is it appropriate to allege that an offence occurred over more than one day in a single count?
When the offence is properly regarded as a continuing offence, happening continuously or intermittently over a period of time.
31
What is a common example of a continuing offence?
Conspiracy — usually charged in a single count lasting from the start to the end of the conspiracy.
32
Can both substantive and conspiracy offences be charged together?
It is unusual and generally not allowed unless the prosecutor can give a very strong justification for doing so.
33
Is theft considered a continuous offence?
No, theft is not generally a continuing offence.
34
When can a single count of theft over time be acceptable?
If small amounts of money are stolen over time and it is impossible to separate each theft, a single count may be used under the ‘principle of general deficiency’.
35
What rule helps address the problems posed by continuous theft allegations?
CrimPR 10.2 helps prosecutors draft clear particulars to avoid issues with duplicity in such cases.
36
Course of Conduct What does CrimPR 10.2(2) state about including more than one incident in a count?
“More than one incident of the commission of the offence may be included in a count if those incidents taken together amount to a course of conduct having regard to the time, place or purpose of commission.”
37
What does CrimPR 10.2(2) allow for in indictments?
It allows the prosecution to include multiple incidents of the same offence in one count if they form a course of conduct.
37
Can different types of offences be included in one multiple offending count?
No. Each incident must be of the same offence (e.g., all rapes, not a mix of rape and sexual assault).
38
When might a multiple offending count be appropriate?
When: a) The alleged victim is the same b) There is marked repetition of method and location c) The offences occurred over a clearly defined period (usually no more than a year) d) The defence to each incident is the same
39
What is an alternative to using multiple offending counts?
Specimen counts, which are discussed separately and used when individual incidents can’t all be charged but represent a broader pattern of offending.
40
How is the choice made between multiple offending counts and specimen counts?
The decision depends on the particular circumstances of the case, including clarity of evidence, number of incidents, and structure of the defence.
41
Specimen Counts Q: When are specimen counts used on an indictment?
They are used when a defendant is alleged to have committed numerous offences over a period of time, but: 1) The exact dates of each offence are unknown, or 2) There are too many separate known offences to include all without overloading the indictment.
42
What types of cases commonly require specimen counts?
Cases involving repeated abuse, such as sexual offences against children, where the victim cannot recall precise dates.
43
What are specimen counts?
They are selected representative counts that stand in for a broader course of conduct. They illustrate the nature and pattern of the alleged offending.
44
What is the purpose of using specimen counts?
To: a) Reflect the level of criminality involved b) Ensure the judge has adequate sentencing powers c) Keep the indictment manageable
45
What must the prosecution provide to the defence in cases involving specimen counts?
Full details of all the alleged offending from which the specimen counts have been selected.
46
Can evidence of offences not charged as counts still be used in the trial?
Yes – all the alleged offending may be adduced as evidence to demonstrate a system or pattern of offending.
47
Joinder Offences What is “joinder” of offences in an indictment?
Joinder refers to the inclusion of more than one count (i.e., offence) on the same indictment by the Prosecution.
48
What rule governs joinder of offences in the Crown Court?
Criminal Procedure Rule 3.21(4) sets out when the Prosecution may join multiple counts in a single indictment.
49
What are the legal grounds for allowing joinder of counts on the same indictment?
Joinder is permitted if: a) The counts are founded on the same facts, or b) They form a series of offences of the same or similar character.
50
Can the court order separate trials for different counts on the indictment?
Yes. The court may order separate trials. It’s a matter of judicial discretion, not a strict rule.
51
What was the source of the previous law before CrPR 3.21(4)?
The current provisions are adapted from rule 9 of the Indictment Rules, although they are a significant modification of that rule.
52
Does existing case law still apply to joinder of offences?
Yes – although CrPR 3.21(4) is the current rule, much case law still references r9, which can still be helpful in interpreting the court’s discretionary powers.
53
Founded on the same facts Q: What does “founded on the same facts” mean in the context of joinder of offences?
It means the offences: a) Arise from a single incident, or b) Are part of an uninterrupted course of conduct, c) Or where later offences would not have occurred without the earlier ones.
54
Can offences that occur at different times still be “founded on the same facts”?
Yes, if the later offence is contingent upon or caused by the earlier offence (e.g., trying to cover it up), they may be joined.
55
What case illustrates the principle of “founded on the same facts”?
Barrell and Wilson (1979) 69 Cr App R.
56
What happened in Barrell and Wilson (1979)?
Two defendants were charged with ABH and Affray. One of them was also charged with attempting to pervert the course of justice (bribing a witness). The court held joinder was proper because all charges arose from a common factual origin.
57
What’s the practical effect of offences being “founded on the same facts”?
It permits joinder on the same indictment, avoiding the need for separate trials, as the matters are sufficiently linked.
58
Series of Offence What is the leading case on offences forming a series of the same or similar character?
Ludlow v Metropolitan Police Commissioner [1971] AC 29.
59
What is required for a group of offences to be considered a “series”?
There must be two or more offences, and They must be connected by a legal and/or factual nexus.
60
Q: What does “nexus” mean in the context of the Ludlow test?
“Nexus” means there must be legal or factual similarities between the offences — such as common methods, locations, victims, or circumstances.
61
Does Ludlow require the offences to be identical?
No. The offences do not need to be identical, just to share sufficient legal or factual similarity to form a recognisable series.
62
What is the significance of the Ludlow case for indictments?
It provides the criteria for joinder of multiple offences under the “same or similar character” rule, helping courts decide when separate offences can be tried tog
63
Joinder of Defendants When can two or more defendants appear on the same indictment?
When they are named together in one or more counts. When they are named individually in separate counts, even without a shared count.
64
What must exist in either case for joinder to be lawful?
There must be a link between the offences or defendants — such as timing, factual background, or legal issues — showing it's in the interests of justice for a joint trial.
65
When is joinder appropriate if there is no joint count?
If the offences are so closely related by time or other factors, joinder is appropriate to serve the interests of justice.
66
Can all parties to a joint offence be charged in a single count?
Yes. Under s8 of the Accessories and Abettors Act 1861, all parties — including aiders and abettors — can be charged together, even if one was the main offender.
67
Must the roles of the defendants be distinguished in a joint count?
No. It's not necessary to distinguish between principal offenders and aiders/abettors in the count.
68
What verdicts can a jury return in relation to a joint count with multiple defendants?
The jury may convict both, one, or neither of the defendants.
69
Can an indictment include both joint and individual counts?
Yes. An indictment may contain: a) Joint counts involving all defendants, and b) Individual counts charging only one of the defendants.
70
When is such a mixed indictment lawful?
If the charges arise from the same circumstances or are part of a series of offences with a factual and/or legal nexus, joinder is lawful.
71
Severance and Seperate Trials What does r3.21(4) CrimPR allow the court to do? ( order for seperate trials = severance)
It gives the court a general discretion to order separate trials of counts or defendants — this is known as severance.
72
What is severance?
Severance is the process where: a) One or more defendants on the same indictment are tried separately, or b) A single defendant facing multiple counts requests that the counts be tried in separate trials.
73
What statutory provision allows for an application for severance?
Section 5(3) of the Indictments Act 1915.
74
On what basis can severance be requested?
If having one trial would be prejudicial or embarrassing to the defendant(s), they may apply for severance.
75
What does “prejudicial or embarrassing” mean in this context?
It depends on the facts of each case. Examples include: a) Evidence in one count is inadmissible in another. b) One count involves scandalous or inflammatory material that could bias the jury.
76
Are there things that usually DO NOT justify severance?
Yes. The following will not usually justify severance: a) A defendant wants to give evidence on one count but not another. b) A defendant’s evidence is likely to incriminate a co-defendant.
77
What other reasons might lead the judge to sever an indictment?
The judge may sever the trial if another feature makes it desirable — e.g., to avoid an overly long or complex trial.
78
What is the general presumption regarding joinder?
That properly joined counts or defendants will be tried together unless there is good reason to order severance.
79
Application to amend an indictment Q: Can the prosecution apply to amend an indictment?
Yes, the prosecution can apply to amend the indictment at any stage of the trial, or the court can order amendment of its own motion.
80
Q: What must the judge be satisfied with before granting an amendment?
A: The judge must be satisfied that the amendment does not cause injustice before granting the application — see s5 Indictments Act 1915.
81
What types of defects can be corrected through amendment?
Amendment can correct both formal defects and substantial defects: a) Formal defects: e.g., wrong section of the statute, misspelled name. b) Substantial defects: e.g., the evidence does not match the wording of the count.
82
Can entirely new counts be added to the indictment?
Yes, in certain circumstances, entirely new counts can be inserted, either by addition or substitution for the original counts. a) This is not limited to evidence served at sending and may be based on later evidence.
83
What does the judge need to consider when permitting an amendment?
The judge MUST consider the risk of injustice to the defendant, especially concerning whether the defendant can adequately meet the amended allegations.
84
How does the timing of the application affect the decision?
The timing of the application is crucial. Late applications raise concerns about whether the defendant can meet the amended allegations, and the later the application, the more careful the judge must be before agreeing to it.
85
Can amendments be made after the jury retires?
Yes, amendments can be made even after the jury is in retirement, but the judge will need to be more cautious the later the application is made.
86
Voluntary Bills of Indictment What is a voluntary bill of indictment?
A voluntary bill of indictment is a procedure that allows the prosecution to request a High Court judge to sign a bill of indictment, which starts the case in the Crown Court.
87
How often is a voluntary bill of indictment used?
The voluntary bill of indictment must be used sparingly and is therefore rarely used in practice.
88
When might a voluntary bill of indictment be used?
An example of when it might be used is when a count is dismissed prior to arraignment on an application to dismiss, but the Prosecution wishes to resuscitate it due to new evidence coming to light.

Criminal (27 decks)

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