Indictment

Question 1

Indictment not signed - what happens?

Answer 1

not valid/not enforceable

Question 1

P create draft indictment – send it to CC to sign it if they’re happy with it – draft indictment needs to be served on court officer within __days.

Answer 1

28 days

Question 2

Rule against duplicity?

Answer 2

not allowed to just say 1 count of something, if you do, the person can be acquitted. E.g. ‘offence of rape, 1 count on 5th July’ instead you just say ‘offence of rape’

Question 2

Counts – any offence other than one which the accused is committed must be found on the committal statement aka adding the counts on relating to the offence where possible.

Question 3

‘1 count of rape relating to John’ - is the wording of this ok?

Answer 3

Yes. But if its rape and sexual touching but you’ve only charged them with rape, then they’re gonna be entitled to an acquittal, cus you can’t bring up something you haven’t charged them with, as it makes someone seem like they’re guilty of something they haven’t done it.

Question 3

Counts should be separated. Example -

Answer 3

3 counts of rape – 1 in relation to Julie, 2nd in relation to same victim on different day and 3rd in relation to Maggy.

Question 3

Statement of offence – ‘GBH contrary to s20 of …’
Particulars – who is the D? who is victim? What’s the date? What did he do?

Question 4

If something is a continuing act, have it as 1 offence, don’t break it up into various counts.

Answer 4

Separate counts of same offence – he used hammer to hit her on her head, boob, toes.

Question 5

What is joinder?

Answer 5

might joinder counts in an indictment if they are founded on the same facts e.g. running around with a hammer hitting people or you robbed house A then immediately went to rob house B.

Question 6

What is severance?

Answer 6

power court has at any stage before and during the trial. They can severe the offence; a person accused may be embarrassed at the fact they’ve been charged with multiple offences, then they can be severed.
Example – school teacher accused of theft and noncery, this will not be tried together, they’ll be severed – as soon as jury hear about noncery charge in theft case, they’re automatically gonna assume he’s guilty regardless.

Question 7

Severing the indictment meaning?

Answer 7

basically having 2 separate trials rather than 1 trial for both offences.

Question 8

In a case in which mags has directed a PTPH, indictment should be uploaded at least 7 days in advance of the hearing.

Question 9

An application for dismissal against the quality of the prosecution’s evidence must be made to the crown court, it can be made orally or in writing. Application for dismissal may be made well before the trial of the defendant.

Question 10

Can you convict of a lesser offence?

Answer 10

Cannot convict of a lesser offence – you’re either guilty or not guilty of the offence you’re charged with.
It would already be on the indictment e.g. ‘s20 or the alternative common assault’ to cover that basis of a lesser offence.
If it’s not on the indictment, you can’t do it.
The above is for mags and CC.