Topic 5- Indictment Flashcards
What is an indictment?
This is the document containing the charges against the accused on which the accused is arraigned on trial of indictment
When may a draft indictment be served?
Where the accused has been sent for trial in Crown Court
Voluntary bill of indictment by High Court
Crown Court has ordered a re-trial
When will an electronically generated indictment be made?
It is in the majority of cases that it will be made
Who takes responsibility for drafting an indictment?
The prosecution will take responsibility for ensuring it is in the proper form before arraignment
Time limit for serving the draft indictment on the Crown Court from when a person is sent to trial from MC
Within 20 business days
Can the time limit of serving an indictment be extended?
Yes, the CC permits the extension, even after expiry
There is no specific rules as to how long the extension should be
What will the bill of indictment include?
The charges made against him
What is the basic layout for a bill of indictment?
1- each offence charged- should be set out in separate counts if more than one
2- each count should be divided into a statement of offence and particulars of offence
3- the statement of offence describes the offence
4- particulars of offence give the necessary information as to the nature of the charge
How should the date of the offence be included on the indictment?
The count should state the date
If the precise date is unknown, it is sufficient to allege that the offence occurred “on or about”, or “on a day unknown”
What happens if the date of an offence is unknown?
If the precise date is unknown, it is sufficient to allege that the offence occurred “on or about”, or “on a day unknown”
What is the rule against duplicity?
Each count on an indictment may only allege one offence
Also states that the offence occurred on one day
What is the exception to the rule against duplicity?
Where there has been continuing offences
These must take place continuously or intermittently over a period of time
This means that the count alleges it occurred on more than one day
Example of a continuous offence
Conspiracy- it happens across a period of time
When will theft be a continuous offence?
When the accused stole small sums of items over a lengthy period of time, but it is not known the exact days it occurred
Can more than one incident of an offence be included in one count?
Yes, if they amount to a course of conduct, and happened in the same location or repetition
Must have also taken place within about a year
This is a multiple incidents count
What is a multiple offending count?
Where more than one incident of an offence can included in a single count
What are the circumstances for allowing a multiple offending count on the indictment?
The victim on each occasion was the same
There was a marked degree of repetition
Occurred over a period of time no longer than a year
What are specimen or sample counts?
Where a person is accused of adopting a systematic course of criminal conduct, and where is it not appropriate to allege a continuous offence or multiple offending count
The pros can then use specimens counts
Example of a specimen count
Allegation was of repeated rapes over a 2 year period
Procedure for using Specimen Counts
The defence should be provided with a list of all the similar offences
Evidence of the offences where appropriate
Problems with specimen counts
If all the offences are put together on one count, the accused will not know the case they have to meet
What is a joinder of counts in an indictment?
Where there is a joint trial for separate offences
Requirements for a joint trial of offences
The offences to be tried together must be-
- Founded on the same facts
- Form part of a series of offences of the same or similar character
Can the court sever an indictment if there is a joinder of counts that may be inappropriate?
Yes, they may sever the indictment
What does it mean in a joint trial where the offences are founded on the same facts?
If the offences alleged arose out of a single incident or an uninterrupted course of conduct
Eg, counts for arson and murder in the same fire
What does it mean in a joint trial where the offences are of same or similar character?
Where the offences constitute as a series of offences
Where there are factual and legal characteristics and a feature of similarity
Eg, a series of robberies
What is a joinder of accused?
Where two or more accused may be joined in one indictment
When will two or more accused be joined in one indictment?
Where they have been named together in one or more counts on the indictment
OR
Where they have been named individually in separate counts
What must the court consider when joining two accused?
If the accused would be substantially adversely affected, so that it could result in an abuse of process
Is it in the interests of justice to join them
How does a jury verdict work for a joint count on two accused?
The jury may convict all or any of them
Eg, may acquit both or, convict both, or acquit one and convict the other
Can two accused be joined on an indictment if they have committed separate counts?
Yes, where the offences separately alleged, but are closely related by time or other factors that it is in the interests of justice to join them together
Can the court order a separate trial of two joint accused?
Yes, if one accused may be prejudiced or embarrassed by the other accused charged
How does the court justify severance of two accused on an indictment?
Where one accused may prejudice or embarrass another accused if in the same trial
Also if the counts are highly complex or numerous
Is there a presumption in favour of joint trials?
Yes, unless there is a high risk of prejudice
Can the indictment be amended?
Yes, at any stage before trial, the court can make an order for amendment
When will the court order amendment of an indictment?
Where there may be a defect in the wording of a count, or defects between the allegations and evidence served
Can the court amend an indictment by inserting a new count?
Yes
Evidence should be given to reason why
What time of trial can the indictment be amended?
At any stage of trial, whether before or after arraignment
However, the later the amendment, the less likely it will be approved
Can the indictment be amended on retrial?
Yes
What is a voluntary bill of indictment?
Where a party applies to the High Court for the accused to stand trial in the Crown court
This document is called a voluntary bill of Indictment
When will a voluntary bill of indictment be applied for?
It is exception, but can be applied for where a charge to the Crown Court has been dismissed, therefore the prosecution seek a trial
Is there a presumption in favour of a joint trial?
Yes, there is always a presumption in favour of a joint trial, unless the risk of prejudice is very high
If two accused are expected to blame each other for an offence in a joint trial, will they be separated in trial?
Unlikely, as the interests of the prosecution in a single trial outweigh the interests of the defence
What are the arguments in favour of having joint trials of accused?
Potentially inconsistent verdicts with two trials
Interests of the prosecution and public outweighs the interests of the defence for a single trial
- There will always be a presumption in favour of a joint trial
