Indictments

Question 1

What is an Indictment?

Answer 1

Formal document that sets out the charges against the defendant in the Crown Court.

Indictment must be properly drafted and served.

Question 2

Content of Indictment

Answer 2

Each count must:
1) Name the offence
2) Include sufficient particulars to inform D of the case.

Question 3

Joinder of Counts

Answer 3

Multiple counts allowed if offences are:
1) Same or similar character
2) Based on same facts or series of events.

Question 4

Severance

Answer 4

Court may order separate trials for different counts if joinder causes unfairness.

Question 5

Amendment

Answer 5

Court can amend errors at any time before/during trial unless it causes injustice.

Question 6

Voluntary Bill of Indictment

Answer 6

Used when mags wrongly refuse to send case or D discharged. Requires DPP consent + High Court judge.

Question 7

⚠️ Errors in indictment can be amended if no injustice caused

Question 8

⚠️ Voluntary Bill → Requires DPP + High Court approval if mags discharge

Question 9

When can multiple counts be joined?

Answer 9

If offences are same/similar, or part of same incident/series.

Question 10

What is a Voluntary Bill of Indictment?

Answer 10

Procedure to send case to Crown if mags wrongly discharge. Needs DPP + High Court.

Question 11

Can an indictment be amended?

Answer 11

Yes, at any time before/during trial if no injustice is caused.

Question 12

When must indictment be served?

Answer 12

Usually 28 days after sending to Crown Court.

Question 13

Who approves a voluntary bill of indictment?

Answer 13

DPP and High Court judge.

Question 14

Only one offence per indictment
True or false?

Answer 14

False - Joinder allowed under proper conditions.

Question 15

Voluntary Bill can be used anytime
True or false?

Answer 15

False. Only if mags wrongly refuse to send case or discharge D.

Question 16

Indictment can’t be changed once trial starts
True or false?

Answer 16

False. Amendments allowed unless injustice caused.

Question 17

Any error voids the indictment
True or false?

Answer 17

False. Minor errors can be corrected.

Question 18

Counts can be joined even if unrelated

Answer 18

False. Must be same/similar or part of series.

Question 19

An indictment is the formal list of charges for Crown Court trials. Each count must name the offence and give enough detail. More than one count is fine if offences are related. The court can amend the indictment or sever counts if needed. A voluntary bill lets serious cases go to Crown if mags wrongly drop them – but only with approval.