Part 14 The indictment

Contents of this Part
Title	Number
	Rule
Signature and service of indictment	Rule 14.1
Form and content of indictment	Rule 14.2

[Note. The rules in this Part derive from rules formerly in the Indictment Rules 1971¹ and the Indictments (Procedure) Rules 1971². See also sections 3, 4 and 5 of the Indictments Act 1915³and section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933⁴.]

Signature and service of indictment

14.1

(1) The prosecutor must serve a draft indictment on the Crown Court officer not more than 28 days after –

(a) service on the defendant and on the Crown Court officer of copies of the documents containing the evidence on which the charge or charges are based, in a case where the defendant is sent for trial;

(b) a High Court judge gives permission to serve a draft indictment;

(d) the committal or transfer of the defendant for trial.

(2) The Crown Court may extend the time limit, even after it has expired.

(3) Unless the Crown Court otherwise directs, the court officer must –

(a) sign and date the draft, which then becomes an indictment; and

(b) serve a copy of the indictment on all parties.

[Note. Serving a draft indictment was described as ‘preferring a bill of indictment’ in the rules from which these rules derive.

See Part 3 for the court’s general powers of case management, including power to consider applications and give directions for (among other things) the amendment of an indictment and for separate trials under section 5 of the Indictments Act 1915.

A magistrates’ court may send a defendant for trial in the Crown Court under section 51 or 51A of the Crime and Disorder Act 1998⁵. Under section 51D of that Act⁶ the magistrates’ court must notify the Crown Court of the offence or offences for which the defendant is sent for trial. Paragraph 1 of Schedule 3 to that Act⁷, and the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005⁸, deal with the service of prosecution evidence in a case sent for trial.

The procedure for applying for the permission of a High Court judge to serve a draft indictment is in rules 6 to 10 of the Indictments (Procedure) Rules 1971. See also direction IV.35 of the Practice Direction.

The Court of Appeal may order a retrial under section 8 of the Criminal Appeal Act 1968⁹ (on a defendant’s appeal against conviction) or under section 77 of the Criminal Justice Act 2003¹⁰ (on a prosecutor’s application for the retrial of a serious offence after acquittal). Section 8 of the 1968 Act, and rules 41.14 and 41.15, require the arraignment of a defendant within 2 months.

When it comes into force, Schedule 3 to the Criminal Justice Act 2003 will abolish committal for trial under section 6 of the Magistrates’ Courts Act 1980¹¹, and transfer for trial under section 4 of the Criminal Justice Act 1987¹² (serious fraud cases) or under section 53 of the Criminal Justice Act 1991¹³ (certain cases involving children).]

Form and content of indictment

14.2

(1) An indictment must be in one of the forms set out in the Practice Direction and must contain, in a paragraph called a ‘count’ –

(a) a statement of the offence charged that –

(i) describes the offence in ordinary language, and

(ii) identifies any legislation that creates it; and

(b) such particulars of the conduct constituting the commission of the offence as to make clear what the prosecutor alleges against the defendant.

(2) More than one incident of the commission of the offence may be included in a count if those incidents taken together amount to a course of conduct having regard to the time, place or purpose of commission.

(3) An indictment may contain more than one count if all the offences charged –

(a) are founded on the same facts; or

(b) form or are a part of a series of offences of the same or a similar character.

(4) The counts must be numbered consecutively.

(5) An indictment may contain –

(a) any count charging substantially the same offence as one –

(i) specified in the notice of the offence or offences for which the defendant was sent for trial,

(ii) on which the defendant was committed for trial, or

(iii) specified in the notice of transfer given by the prosecutor; and

(b) any other count based on the prosecution evidence already served which the Crown Court may try.

[Note. In certain circumstances the Crown Court may try a defendant for an offence other than one sent, committed or transferred for trial: see section 2(2) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (indictable offences founded on the prosecution evidence on which the sending, committal or transfer was based) and section 40 of the Criminal Justice Act 1988 (specified summary offences founded on that evidence)¹⁴.]

Footnotes

1. S.I. 1971/1253.

2. S.I. 1971/2084; relevant amending instruments are S.I. 1983/284, 1988/1738, 1992/2197, 1997/711 and 2000/3360.

3. 1915 c. 90; section 4 was amended by section 83 of, and Part I of Schedule 10 to, the Criminal Justice Act 1948 (c. 58) and section 10 of, and Part III of Schedule 3 to, the Criminal Law Act 1967 (c. 58). Section 5 was amended by section 31 of, and Schedule 2 to, the Prosecution of Offences Act 1985 (c. 23), section 331 of, and paragraph 40 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44) and section 12 of, and paragraph 8 of Schedule 2 to, the Bail Act 1976 (c. 63).

4. 1933 c. 36; section 2 was amended by section 56 of, and Part IV of Schedule 11 to, the Courts Act 1971 (c. 23), section 152 of, and Schedule 5 to, the Supreme Court Act 1981 (c. 54), section 31 of, and Schedule 2 to, the Prosecution of Offences Act 1985 (c. 23), section 15 of, and paragraph 1 of Schedule 2 to, the Criminal Justice Act 1987 (c. 38), section 170 of, and paragraph 10 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), section 53 of, and paragraph 8 of Schedule 6 to, the Criminal Justice Act 1991 (c. 53), Schedule 1 to the Statute Law (Repeals) Act 1993 (c. 50), section 47 of, and paragraph 17 of Schedule 1 to, the Criminal Procedure and Investigations Act 1996 (c. 25), section 119 of, and paragraph 5 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), sections 41 and 332 of, and paragraph 34 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) and article 3 of, and paragraph 1 of the Schedule to, S.I. 2004/2035.

5. 1998 c. 37; section 51 is substituted by section 41 of, and paragraphs 15 and 18 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed and section 51A was inserted by section 41 of, and paragraphs 15 and 18 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). It was commenced in part on 4th April 2005 by article 2 of, and paragraph 29 of Schedule 1 to, S.I. 2005/950.

6. 1998 c. 37; section 51D was inserted by section 41 of, and paragraphs 15 and 18 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). It was commenced in part on 4th April 2005 by article 2 of, and paragraph 29 of Schedule 1 to, S.I. 2005/950.

7. 1998 c. 37; paragraph 1 was amended by section 67 of, and paragraph 106 of Schedule 15 to, the Access to Justice Act 1999 (c. 22) and is further amended by section 41 of, and paragraphs 15 and 20 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

8. S.I 2005/902.

9. 1968 c. 19; section 8 was amended by section 56 of, and Part IV of Schedule 11 to, the Courts Act 1971 (c. 23) and section 43(3) and (4) of the Criminal Justice Act 1988 (c. 33).

10. 2003 c. 44.

11. 1980 c. 43; section 6 was amended by section 170 of, and paragraphs 65 and 66 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53), paragraph 4 of Schedule 1 to the Criminal Procedure and Investigations Act 1996 (c. 25) and section 109 of, and paragraph 202 of Schedule 8 to, the Courts Act 2003 (c. 39). It is repealed by sections 41 and 332 of, and paragraph 51 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) with effect from a date to be appointed.

12. 1987 c. 38; section 4 was amended by section 144 of the Criminal Justice Act 1988 (c. 33), section 45 of, and paragraph 22 of Schedule 5 to, the Legal Aid Act 1988 (c. 34), section 168 of, and paragraph 29 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 119 of, and paragraph 65 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37) and section 24 of, and paragraphs 38 and 39 of Schedule 4 to, the Access to Justice Act 1999 (c. 22). It is repealed by sections 41 and 332 of, and paragraph 58 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) with effect from a date to be appointed.

13. 1991 c. 53; section 53 was amended by section 168 of, and paragraph 49 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 119 of, and paragraph 93 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), section 24 of, and paragraph 47 of Schedule 4 to, the Access to Justice Act 1999 (c. 22). It is repealed by sections 41 and 332 of, and paragraph 62 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) with effect from a date to be appointed.

14. 1988 c. 33; section 40 was amended by section 4 of, and paragraph 39 of Schedule 3 to, the Road Traffic (Consequential Provisions) Act 1988 (c. 54), section 168 of, and paragraph 35 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 47 of, and paragraph 34 of Schedule 1 to, the Criminal Procedure and Investigations Act 1996 (c. 25), section 119 of, and paragraph 66 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37) and sections 41 and 332 of, and paragraph 60 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) with effect from a date to be appointed.