Coroners and Justice Act 2009

Unsigned indictments

116 Indictment of offenders

(1) In the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)—

(a) in section 2 (procedure for indictment of offenders), in subsection (1) omit—

(i) from “, and where” to “the bill,”, and

(ii) from “Provided” to the end,

(b) in subsection (3) of that section—

(i) after “indictment”, in first place it occurs, insert “has been”, and

(ii) omit “has been signed by the proper officer of the court”,

(c) after subsection (6) of that section, insert—

“(6ZA) Where a bill of indictment is preferred in accordance with subsections (1) and (2), no objection to the indictment may be taken after the commencement of the trial by reason of any failure to observe any rules under subsection (6).

(6ZB) For the purposes of subsection (6ZA) the trial commences at the time when a jury is sworn to consider the issue of guilt or whether the accused did the act or made the omission charged, or, if the court accepts a plea of guilty before the time when a jury is sworn, when that plea is accepted.

(6ZC) The references in subsection (6ZB) to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.”, and

(d) in paragraph 1 of Schedule 2 (consequential adaptations of enactments)—

(i) for “respectively references” substitute “reference”, and

(ii) omit “and signing”.

(2) In section 82 of the Supreme Court Act 1981 (c. 54) (duties of officers of Crown Court), in subsection (1) omit “the signing of indictments,”.