Indictments Act 1915

SCHEDULES.

Sections 1, 2(2).

FIRST SCHEDULE Rules

Material, &c. for indictments.

1 (1) An indictment may be on parchment or durable paper, and may be either written or printed, or partly written and partly printed.

(2) Each sheet on which an indictment is set out shall be not more than 12 aod not less than 6 inches in length, and not more that 14 and not less than 12 inches in width, and if more than one sheet is required, the sheets shall be fastened together in book form.

(3) A proper margin not less than 3 inches in width shall be kept on the left-hand side of each sheet.

(4) Figures and abbreviations may be used in an indictment for expressing anything which is commonly expressed thereby.

(5) There shall be endorsed on the back of an indictment the name of every witness examined or intended to be examined by the grand jury, and the foreman of the grand jury shall write his initials against the name of each witness so examined.

(6) An indictment shall not be open to objection by reason only of any failure to comply with this rule.

Commencement of the indictment.

2 The commencement of the indictment shall be in the following form :—

Joining of charges in one indictment.

3 Charges for any offences, whether felonies or misdemeanours, may be joined in the same indictment if those charges are founded on the same facts, or form or are a part of a series of offences of the same or a similar character.

Mode in which offences are to be charged.

4 (1) A description of the offence charged in an indictment, or where more than one offence is charged in an indictment, of each offence so charged, shall be set out in the indictment in a separate paragraph called a count.

(2) A count of an indictment shall commence with a statement of the offence charged, called the statement of offence.

(3) The statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elemeuts of the offence, and if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence.

(4) After the statement of the offence, particulars of such offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary :

Provided that where any rule of law or any statute limits the particulars of an offence which are required to be given in an indictment, nothing in this rule shall require any more particulars to he given than those so required.

(5) The forms set out in the appendix to these rules or forms conforming thereto as nearly as may be shall be used in cases to which they are applicable, and in other cases forms to the like effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case.

(6) Where an indictment contains more than one count, the counts shall be numbered consecutively.

Provisions as to statutory offences.

5 (1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities, or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence.

(2) It shall not be necessary, in any count charging a statutory offence, to negative any exception or exemption from or qualification to the operation of the statute creating the offence.

Description of property.

6 (1) The description of property in a count in an indictment shall be in ordinary language and such as to indicate with reasonable clearness the property referred to, and if the property is so described it shall not be necessary (except when required for the purpose of describing an offence depending on any special ownership of property or special value of property) to name the person to whom the property belongs or the value of the property.

(2) Where property is vested in more than one person, and the owners of the property are referred to in an indictment it shall be sufficient to describe the property as owned by one of those persons by name with others, and if the persons owning the property are a body of persons with a collective name, such as " Inhabitants," " 'trustees," " Commissioners," or " Club" or other such name, it shall be sufficient to use the collective name without naming any individual.

Description of persons.

7 The description or designation in an indictment of the accused person, or of any other person to whom reference is made therein, shall be such as is, reasonably sufficient to identify him, without necessarily stating his correct name, or his abode, style, degree, or occupation ; and if, owing to the name of the person not being known, or for any other reason, it is impracticable to give such a description or designation, such description or designation shall be given as is reasonably practicable in the circumstances, or such person may be described as " a person unknown."

Description of document.

8 Where it is necessary to refer to any document or instrument in an indictment, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof, without setting out any copy thereof.

General rule as to description.

9 Subject to any other provisions of these rules, it shall be sufficient to describe any place, time, thing, matter, act, or omission whatsover to which it is necessary to refer in any indictment, in ordinary language in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act or omission referred to.

Statement of intent.

10 It shall not be necessary in stating any intent to defraud, deceive or injure to state an intent to defraud, deceive or injure any particular person where the statute creating the offence does not make an intent to defraud, deceive or injure a particular person an essential ingredient of the offence.

Charge of previous convictions, &c.

11 Any charge of a previous conviction of an offence or of being a habitual criminal or a habitual drunkard shall be charged at the end of the indictment by means of a statement—in the case of a previous conviction that the person accused has been previously convicted of that offence at a certain time and place without stating the particulars of the offence, and in the case of a habitual criminal or habitual drunkard, that the offender is a habitual criminal or a habitual drunkard, as the case may be.

Saving of s. 32(4) of 8 Edw. 7. c.67.

12 Nothing in these rules or in any rules made under section two of this Act shall affect the provisions of subsection (4) of section thirty-two of the Children Act, 1908.

Duty to furnish copy of indictment.

13 (1) It shall be the duty of the clerk of assize, after a true bill has been found on any indictment, to supply to the accused person, on request, a copy of the indictment free of charge.

(2) The cost of any copy supplied to the accused person whether under this rule or otherwise shall be treated as part of the costs of the prosecution for the purpose of section one of the [8 Edw. 7. c. 15.] Costs in Criminal Cases Act, 1908.

(3) In the application of this rule to quarter sessions, the clerk of the peace shall be substituted for the clerk of assize.

Interpretation.

14 The [52 & 53 Vict. c. 63.] Interpretation Act, 1889, applies for the interpretation of these rules, as it applies for the interpretation of an Act of Parliament.

Short title.

15 These rules may be cited as the Indictment rules, 1915, and these rules, together with any rules made under section two of this Act, may be cited together by such collective title as may be prescribed by the last-mentioned rules.

APPENDIX TO RULES FORMS OF INDICTMENT

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

Section 9.

SECOND SCHEDULE Enactments Repealed

Session and Chapter.	Short Title.	Extent of Repeal.
5 Geo. 4. c. 84	The Transportation Act, 1824.	Section twenty-three.
7 Geo. 4. c. 16	The Chelsea and Kilmainham Hospitals Act, 1826.	Section thirty-five from " and in " all indictments" to the end of the section.
7 Geo. 4. c. 46	The Country Bankers Act, 1826.	Section nine from " and in all " indictments " down to, " crime, or offence."
7 Geo. 4. c. 64	The Criminal Law Act. 1826.	Sections fourteen, fifteen, sixteen, eighteen and nineteen.
7 & 8 Geo. 4. c. 28.	The Criminal Law Act, 1827.	Section eleven from " and in an " indictment " to " describing " the previous felony."
5 & 6 Will. 4. c. 69.	The Union and Parish Property Act, 1835.	In section seven the words " and " indictment."
11 & 12 Vict. c. 12.	The Treason Felony Act, 1848.	Section five.
11 & 12 Vict. c. 46.	The Criminal Procedure Act, 1848.	The whole Act so far as unrepealed.
12 & 13 Vict. c. 45.	The Quarter Sessions Act, 1849.	Section ten.
12 & 13 Vict. c. 103.	The Poor Law Amendment Act, 1849.	Section fifteen from " and shall " be so" to the end of the section.
14 & 15 Vict. c. 100.	The Criminal Procedure Act, 1851.	Sections one, two, three, five, seven, twenty-three, twenty-four, and twenty-five.
19 & 20 Vict. c. 54.	The Grand Juries Act, 1856.	In section one the words " and " the name of every witness examined or intended to be so " examined shall be endorsed " on such bill of indictment and " the foreman of such grand " jury shall write his initials " against the name of each witness so sworn and examined " touching such bill of indictment."
24 & 25 Vict. c. 96.	The Larceny Act, 1861	Section five ; section twenty-eight, from "and in any indictment" to the end of the section ; section seventy-one; in section seventy-four the words "and in either case to " lay the property in the owner " or person letting to hire" ; section eighty-eight from " it " shall be sufficient" to " of " the chattel, money, or valuable security; and"; and section one hundred and sixteen from the beginning of the section to " offences ; and "
24 & 25 Vict. c. 97.	The Malicious Damage Act, 1861.	Section sixty, down to " alleging " an intent to injure or defraud " any particular person ; and"
24 & 25 Vict. c. 98.	The Forgery Act, 1861	Sections forty-two and forty-three, and section forty-four down to "any particular per-" son; and "
24 & 25 Vict. c. 99.	The Coinage Offences Act, 1861.	Section thirty-seven from " it " shall be sufficient " to " conviction for the previous " offence ; and "
24 & 25 Vict. c. 100.	The Offences against the Person .Act, 1861.	Section six.
26 & 27 Vict. c. 29.	The Corrupt Practices 1 Prevention Act, 1863.	Section six, down to " require ; " and "
30 & 31 Vict. c. 35.	The Criminal Law Amendment Act, 1867.	In section one the word "now."
32 &, 33 Vict. c. 62.	The Debtors Act, 1869.	Section nineteen.
38 & 39 Vict. c. 24.	The Falsification of Accounts Act, 1875.	Section two.
39 & 40 Vict. c. 36.	The Customs Consolidation Act, 1876.	Section twenty-nine from " and " in any information " to the end of the section.
46 & 47 Vict. c. 3.	The Explosive Substances Act, 1883.	Subsection (2) of section seven.
50 & 51 Vict. c. 71.	The Coroner's Act, 1887	In paragraph (2) of section eighteen the words " except in ." the case of murder or man-" slaughter."
51 & 52 Vict. c. 64.	The Law of Libel Amendment Act, 1888.	Section seven.
61 & 62 Vict. c. 60.	The Inebriates Act, 1898	In subsection (2) of section one the words "in any indictment " under this section, it shall " be sufficient, after charging " the offence, to state that " the offender is a habitual " drunkard."
8 Edw. 7. c. 48	The Post Office Act, 1908	Section seventy-three so far as respects indictments.
8 Edw. 7. c. 59	The Prevention of Crime Act, 1908.	Subsection (3) of section ten.