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FLK 2: Criminal Law and Practice > Topic 6 - Indictment > Flashcards

Topic 6 - Indictment Flashcards

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1
Q

What is an indictment?

A

The document containing the charges that a defendant faces in the Crown Court

An indictment consists of multiple counts, each representing a separate charge.

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2
Q

What does ‘trial on indictment’ refer to?

A

Crown Court trial

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3
Q

What are ‘indictable offences’?

A
  • Indictable only offences: triable only in the Crown Court
  • Either-way offences: triable in the Crown Court or the magistrates’ court
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4
Q

What are the two sections included in a count of an indictment?

A
  • Statement of Offence
  • Particulars of Offence
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5
Q

What is Rule 10 of the Criminal Procedure Rules (CrimPR) about?

A

It contains the rules on indictments

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6
Q

What must a statement of offence include?

A

A description of the offence in ordinary language and identification of the relevant legislation

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7
Q

How should counts in an indictment be numbered?

A

Each count should be numbered

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8
Q

What is the time limit for serving a draft indictment?

A

20 business days from specific events related to the case

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9
Q

What is a voluntary bill of indictment?

A

An exceptional procedure involving applying to a High Court Judge for permission to direct the preferment of a voluntary bill of indictment

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10
Q

Under what circumstances can more than one count be included on a single indictment?

A

When the offences are founded on the same facts or form part of a series of offences of the same or a similar character

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11
Q

What does CrimPR r.3.29(4) state about the court’s discretion?

A

The court may order separate trials if it believes the defendant may be prejudiced or for any other desirable reason

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12
Q

What must the court consider when deciding whether to join counts in the same indictment?

A
  • What the prosecutor proposes
  • Any representations by the defence
  • The court’s powers to order separate trials
  • The overriding objective
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13
Q

What does ‘offences founded on the same facts’ mean?

A

Offences arising out of a single incident or an uninterrupted course of conduct

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14
Q

In the example provided, what two offences could be charged against Daniel Parker?

A
  • Dangerous Driving, contrary to s.2 of the Road Traffic Act 1988
  • Grievous Bodily Harm with Intent, contrary to s.18 of the Offences Against the Person Act 1861
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15
Q

Can offences be joined in an indictment if they are not committed contemporaneously?

A

Yes, as long as they have a common factual origin

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16
Q

What is required for two offences to be considered a series?

A

There must be some nexus between them, indicating a feature of similarity

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17
Q

What is considered when determining if offences are similar in character?

A
  • Both legal and factual characteristics
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18
Q

What happens if evidence of one offence is admissible to prove another?

A

It may establish a sufficient nexus between the offences, even with a time gap

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19
Q

What is an example of offences forming a series in drug-related cases?

A

A defendant arrested for selling cocaine may face multiple counts related to different drugs if they are connected

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20
Q

What is the significance of alternative counts in an indictment?

A

They allow for a conviction on a lesser charge if the jury finds the defendant did not commit the more serious offence

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21
Q

Fill in the blank: An indictment must be served on an appropriate officer of the Crown Court within _______ business days of certain events.

A

20

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22
Q

True or False: An indictment must always be printed and signed.

A

False

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23
Q

What constitutes a clear nexus between offences?

A

Offences relate to drugs and are committed within a relatively short period of time.

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24
Q

What happens if a defendant is caught dealing drugs again while on bail?

A

A third count of drugs supply is logical to add.

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25
What is required for summary only offences to be included in an indictment?
Must be founded on the same facts as an indictable offence or part of a series of similar offences.
26
Which summary offences can be joined on an indictment according to section 40(3)?
* Common assault * Taking a motor vehicle without the owner's consent * Driving whilst disqualified * Criminal damage under £5,000
27
What is the purpose of section 40 of the Criminal Justice Act 1988?
To enable the Crown Court to try certain summary offences related to indictable offences.
28
What is the maximum penalty for a summary offence joined under section 40?
The maximum penalty available in the magistrates' court.
29
Can more than one defendant be included on a single indictment?
Yes.
30
What was held in R v Assim regarding joint trials?
Defendants can be tried together if the offences are related in time or other factors.
31
What is an example of how defendants can be joined in an indictment?
Two defendants charged with assaulting the same victim.
32
What is the rule against duplicity in indictments?
Each count should relate to a single offence.
33
What is an example of an indictment that is bad for duplicity?
One count alleging assault on multiple victims in a single count.
34
What are 'rolled up' counts?
Counts that include multiple incidents of the same offence.
35
What conditions must be met for multiple offending counts?
* Offences are the same * Same victim on each occasion * Similar method or location * Defined period of time * Same defence for each incident
36
What are specimen counts?
Counts designed to show one example of a defendant's repeated conduct.
37
What is an 'overloaded' indictment?
An indictment that is unduly long, complex, or difficult for a jury to follow.
38
How can prosecutors avoid creating an overloaded indictment?
By using multiple offending counts instead of many individual counts.
39
What happens if there are two unrelated counts on an indictment?
The judge could order separate trials.
40
Can a defendant be tried on multiple counts on a single indictment?
Yes, if the counts are properly joined.
41
What is the implication of misjoined counts?
The indictment would not be valid.
42
What must the prosecution provide when using sample counts?
A list of all similar offences related to the sample counts.
43
What can a judge order if multiple counts are properly joined on an indictment?
Separate trials for each count ## Footnote This creates two valid indictments, each tried separately.
44
Can a defendant be tried on multiple indictments at the same time?
No, one trial per one indictment ## Footnote A defendant can be tried on multiple counts on a single indictment.
45
What is an application for severance?
A request to the judge to remove a count or counts from the indictment or to ask for separate trials ## Footnote This applies when counts or accused are properly joined on an indictment.
46
What happens if a severance application is successful?
The count or accused will be severed from the original indictment and a new indictment will be preferred ## Footnote The new indictment will then be tried separately.
47
What did Lord Pearson state about the necessity of separate trials in Ludlow v Metropolitan Police Commissioner?
The judge has no duty to direct separate trials unless there is a special feature making a joint trial prejudicial or embarrassing ## Footnote This principle applies to severance of jointly charged accused.
48
What is the presumption regarding joint trials?
There is a presumption in favour of a joint trial unless the risk of prejudice is particularly great ## Footnote This means that separate trials are rare.
49
What guidance did Lord Widgery provide regarding the trial judge's discretion on separate trials?
It is very rare for the Court to interfere with the trial judge's decision about separate trials ## Footnote The advantages of joint trials are significant.
50
When can an indictment be amended according to s.5 of the Indictments Act 1915?
At any time before a verdict, as long as no injustice is caused ## Footnote Amendments can occur even after the close of the prosecution case.
51
What must happen if new counts are added after arraignment?
The new counts need to be put to the defendant ## Footnote This ensures the defendant is aware of all charges.
52
What is the process if a defendant pleads guilty to some counts but not all?
Sentencing for the counts pleaded guilty will usually occur after the trial on the not guilty counts ## Footnote This is part of the indictment procedure.
53
What is the purpose of the arraignment process?
To ask the defendant to plead guilty or not guilty to each count on the indictment ## Footnote This occurs at the commencement of the Plea and Trial Preparation Hearing.
54
What happens if a defendant is unfit to plead?
No plea will be taken until the defendant is found fit to plead ## Footnote If the defendant's mental condition improves, they will then be arraigned.
55
What must a defendant do to enter a guilty plea?
The defendant must enter the guilty plea personally ## Footnote This leads to a conviction without the prosecution needing to prove anything.
56
What occurs after a guilty plea is entered?
The court moves to sentence the defendant ## Footnote Previous convictions may be provided for consideration during sentencing.
57
What are examples of lesser or alternative offences a defendant might plead guilty to?
* Manslaughter instead of murder * Grievous Bodily Harm instead of Grievous Bodily Harm with Intent * Simple possession instead of possession with intent to supply * Handling Stolen Goods instead of burglary ## Footnote These alternatives can mitigate the severity of the charges.
58
What is the process if the prosecution accepts a defendant's plea to a lesser offence?
The prosecution can either amend the indictment to add the new count or the defendant can plead guilty to the alternative directly ## Footnote A direct alternative is one that is included in the more serious offence.
59
What does 'offering no evidence' mean?
The prosecution decides there is no or insufficient evidence to prove a count, resulting in a not guilty verdict ## Footnote This is often used when the prosecution reassesses the strength of their case.
60
What does it mean to 'lie a count on the file'?
The prosecution does not intend to proceed with a count, and the count is marked 'not to be proceeded with' without court leave ## Footnote This does not result in a not guilty verdict but puts the case on hold.
61
What is common practice regarding remaining counts after sentencing?
The prosecution typically disposes of remaining counts by offering no evidence or leaving them to lie on the file ## Footnote This usually occurs after sentencing has taken place.
62
What happens when no evidence is presented for certain counts?
The case is put on hold, usually permanently ## Footnote Lying a count on the file does not result in a verdict of not guilty.
63
In what circumstances will the prosecution seek leave to pursue counts left on the file?
When a defendant successfully appeals against those counts D has been convicted of ## Footnote This is a rare circumstance.
64
What is common practice for the prosecution regarding remaining counts after sentencing?
To dispose of remaining counts by offering no evidence or leaving them to lie on the file ## Footnote This is done to ensure certainty and prevent the defendant from taking advantage of the situation.
65
Why would a defendant seek to vacate a guilty plea on a serious count?
To place themselves in an advantageous position if remaining counts have already been disposed of ## Footnote This could allow the defendant to challenge the conviction on the most serious count.
66
True or False: A count left on the file results in a verdict of not guilty.
False ## Footnote A count left on the file does not equate to a not guilty verdict.
67
Fill in the blank: It is common practice for the prosecution to dispose of remaining counts only after _______.
sentencing

FLK 2: Criminal Law and Practice (17 decks)

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