Syllabus 6: Indictments
1. The indictment
[D11.1, D11.2, D11.3]
→ Document containing the charges against the accused on which the accused is arraigned at the
commencement of a trial on indictment.
→ S.2(2) of the Administration of Justice (Miscellaneous Provisions) Act 1933 :
No draft indictment may be served unless:
(a) The accused has been sent to trial
(b) HC judge has directed or consented to the preferment of a voluntary bill of indictment
(c) A CC judge has consented to the preferment of a voluntary bill of indictment
(d) The court of appeal has ordered a retrial.
→ s.2(1) of the Administration of Justice (Miscellaneous Provisions) Act 1933
(1)Subject to the provisions of this section, a bill of indictment charging any person with an indictable
offence may be preferred by any person before a court in which the person charged may lawfully be
, indicted for that offence and it shall thereupon become an indictment and be proceeded with
accordingly.
→ CrimPR 10.3: A draft indictment will be generated electronically when the case is sent, based
on the allegation before the magistrates’ court, subject to the substitution or amendment of the
charges included by the prosecution.
2. Responsibility for drafting an indictment
[D11.6, D11.8 - D11.9]
→ Ultimate responsibility of prosecution counsel to ensure that the indictment was in proper form
before arraignment.
a. Time limit for serving a bill of indictment
Except for cases where the draft indictment has been generated automatically, a draft indictment
should be served within 20 business days of the date on which:
• Copies of documents are served where a person is sent for trial under CDA 1998, s.51
• A HC judge has consented to the preferment of a voluntary bill of indictment under r.10.5(2)
An indictment is to be served at least 7 days before the PTPH.
b. Extension of time
• Can be made even after the time limit has expired.
• No specific rules by which an application for an extension should be made.
3. Counts which may be included in an indictment
[D11.13 - D11.14]
→ Power to amend indictment: s.5 Indictment Act 1915
→ Indictment may include either in substitution for or in addition to any county charging an
offence specified in the notice under s.57D(1) CDA 1998, any counts founded on material
which, in pursuance of regulations made under paragraph 1 of Schedule 3 of that Act, was
served on the person charged.
→ A draft indictment may include charges for any indictable offence disclosed by the evidence
served under the regulations for the service of the prosecution case after the accused has
been sent.
4. General form of an indictment
[D11.23, D11.28, D11.32, D11.34]
Basic requirements:
➢ Each offence charged should be set out in separate paragraphs or count (if more than one,
numbered).
➢ Each count should be divided into a statement of offence and particulars of offence.
➢ Statement of offence describes the offence shortly in ordinary language and should specify
the section and subsection the provision contravened (if statutory).
➢ Particulars of offence should give such particulars as may be necessary for giving
reasonable information as to the nature of the charge.
1. The indictment
[D11.1, D11.2, D11.3]
→ Document containing the charges against the accused on which the accused is arraigned at the
commencement of a trial on indictment.
→ S.2(2) of the Administration of Justice (Miscellaneous Provisions) Act 1933 :
No draft indictment may be served unless:
(a) The accused has been sent to trial
(b) HC judge has directed or consented to the preferment of a voluntary bill of indictment
(c) A CC judge has consented to the preferment of a voluntary bill of indictment
(d) The court of appeal has ordered a retrial.
→ s.2(1) of the Administration of Justice (Miscellaneous Provisions) Act 1933
(1)Subject to the provisions of this section, a bill of indictment charging any person with an indictable
offence may be preferred by any person before a court in which the person charged may lawfully be
, indicted for that offence and it shall thereupon become an indictment and be proceeded with
accordingly.
→ CrimPR 10.3: A draft indictment will be generated electronically when the case is sent, based
on the allegation before the magistrates’ court, subject to the substitution or amendment of the
charges included by the prosecution.
2. Responsibility for drafting an indictment
[D11.6, D11.8 - D11.9]
→ Ultimate responsibility of prosecution counsel to ensure that the indictment was in proper form
before arraignment.
a. Time limit for serving a bill of indictment
Except for cases where the draft indictment has been generated automatically, a draft indictment
should be served within 20 business days of the date on which:
• Copies of documents are served where a person is sent for trial under CDA 1998, s.51
• A HC judge has consented to the preferment of a voluntary bill of indictment under r.10.5(2)
An indictment is to be served at least 7 days before the PTPH.
b. Extension of time
• Can be made even after the time limit has expired.
• No specific rules by which an application for an extension should be made.
3. Counts which may be included in an indictment
[D11.13 - D11.14]
→ Power to amend indictment: s.5 Indictment Act 1915
→ Indictment may include either in substitution for or in addition to any county charging an
offence specified in the notice under s.57D(1) CDA 1998, any counts founded on material
which, in pursuance of regulations made under paragraph 1 of Schedule 3 of that Act, was
served on the person charged.
→ A draft indictment may include charges for any indictable offence disclosed by the evidence
served under the regulations for the service of the prosecution case after the accused has
been sent.
4. General form of an indictment
[D11.23, D11.28, D11.32, D11.34]
Basic requirements:
➢ Each offence charged should be set out in separate paragraphs or count (if more than one,
numbered).
➢ Each count should be divided into a statement of offence and particulars of offence.
➢ Statement of offence describes the offence shortly in ordinary language and should specify
the section and subsection the provision contravened (if statutory).
➢ Particulars of offence should give such particulars as may be necessary for giving
reasonable information as to the nature of the charge.
