Indictment Rules 1971
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4.-(1) An indictment shall be in the form in Schedule 1 to these rules or in a form substantially to the like effect.
(2) Where more than one offence is charged in an indictment, the statement and particulars of each offence shall be set out in a separate paragraph called a count, and rules 5 and 6 of these Rules shall apply to each count in the indictment as they apply to an indictment where one offence is charged.
(3) The counts shall be numbered consecutively.
5.-(1) Subject only to the provisions of rule 6 of these Rules, every indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence with which the accused person is charged describing the offence shortly, together which such particulars as may be necessary for giving reasonable information as to the nature of the charge.
(2) An indictment for a specific offence shall not be open to objection in respect of its form if it is framed in accordance with a form of indictment for that offence for the time being approved by the Lord Chief Justice.
6. Where the specific offence with which an accused person is charged in an indictment is one created by or under an enactment, then (without prejudice to the generality of rule 5 of these Rules)-
- (a) the statement of the offence shall contain a reference to-
- (i) the section of, or the paragraph of the Schedule to, the Act creating the offence in the case of an offence created by a provision of an Act;
- (ii) the provision creating the offence in the case of an offence created by a provision of a subordinate instrument;
- (b) the particulars shall disclose the essential elements of the offence:
- Provided that an essential element need not be disclosed if the accused person is not predjudiced or embarrassed in his defence by the failure to disclose it;
- (c) it shall not be necessary to specify or negative an exception, proviso, excuse or qualification.
7. Where an offence created by or under an enactment states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities, or intentions, or other matters stated in the alternative in the enactment or subordinate instrument may be stated in the alternative in an indictment charging the offence.
8. It shall be sufficient to describe a person whose name is not known as a person unknown.
9. Charges for any offences may be joined in the same indictment if those charges are founded on the same facts, or form or are part of a series of offences of the same or a similar character.
10.-(1) A person charged on indictment shall, if he so requests, be supplied by the proper officer of the court of trial with a copy of the indictment free of charge.
(2) The cost of supplying a person charged on indictment with a copy of the indictment shall be treated as part of the costs of the prosecution.
- SCHEDULE 1
COURT OF TRIAL .............................
THE QUEEN v. ...............................
- charged as follows:-
- STATEMENT OF OFFENCE
- PARTICULARS OF OFFENCE
Date ................... .....................
- Appropriate officer of the court