the bill of particulars drawn against Gulliver

THE BILL OF PARTICULARS DRAWN AGAINST GULLIVER TRIAL
THE BILL OF PARTICULARS DRAWN AGAINST GULLIVER SERIES

Preparation of the draft indictment is the reviewing lawyer's responsibility. Building an indictment follows on from a careful review of the evidence after charge. Please refer to the Attorney General's Guidelines on the Acceptance of Pleas (2009) in respect of acceptance of guilty pleas after charge in all cases.įor advice on written plea agreements in serious fraud cases, please refer to the Director's Guidance to accompany the Attorney General's Guidelines on Plea Discussions in cases of Serious or Complex Fraud. However, the Crown Court can only deal with the offender in a manner in which a magistrates' court could have dealt with him (s.40(2) Criminal Justice Act 1988). The summary offence is to be tried as if it were an indictable offence. which would otherwise be triable only summarily by virtue of s.22(2) Magistrates' Courts Act 1980 Driving a motor vehicle while disqualified – s.103(1)(b) Road Traffic Act 1988.

Taking motor vehicle or other conveyance without authority etc.

Assaulting a secure college custody officer - paragraph 14 or 24 of Schedule 10 Criminal Justice and Courts Act 2015.

Assaulting a secure training centre custody officer – s.13(1) Criminal Justice and Public Order Act 1994.

Assaulting a prisoner custody officer – s.90(1) Criminal Justice Act 1991.

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The summary offences listed below may be joined in an indictment if the offence is founded on the same facts or evidence as a count charging an indictable offence or is part of a series of offences of the same or similar character as an indictable offence which is also charged ( s40 Criminal Justice Act 1988) Joinder of summary offences – s.40 Criminal Justice Act 1988

See Criminal Practice Direction(CrimPD) 10A.6, 10A.7 and 10A.10 for further details on the above. The prosecutor may substitute for any count an amended count to the same effect and charging the same offence before the draft indictment is preferred – CrimPR 10.3(2)(c). This draft indictment is preferred before the Crown Court and becomes the indictment immediately before the first count is read to or placed before the defendant to take the defendant's plea – CrimPR 10.2(5)(b)(i).

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Where those arrangements exist and the notice is sent to the Crown Court, the offences sent for trial will constitute a draft indictment. Where such arrangements are introduced, court users will be informed (and the fact will become apparent on the sending for trial). (As to the procedure for sending, see the legal guidance Allocation of cases and Sending to the Crown Court.)ĬrimPR 10.3 (1) (c) refers to electronic arrangements that may be brought into effect. That notice will include details of each offence sent for trial in accordance with CrimPR 9.3. Procedure Draft indictment generated electronically on sending for trialĪfter sending, CrimPR 9.5 requires the magistrates' court to send a notice to the Crown Court. The indictment is the document containing the charges against the defendant for trial in the Crown Court.įor guidance on charging practice and the drafting of particular counts for specific offences you should refer to the relevant Legal Guidance for that offence. This chapter provides general guidance on the law and procedure in respect of drafting indictments. A series of offences of the same or similar character.Offences not indicted taken into consideration.Domestic Violence Crime and Victims Act 2004 sample counts.A general offence count covering the extent of the offending.Counts for sample/specimen offences disclosed on the papers.Counts that cover all offences disclosed on the papers.Drafting Specimen and Multiple Incident Counts.Application to dismiss offence sent for trial.Procedure to avoid duplication and ambiguity of indictments.Draft indictment served by the Prosecutor.Joinder of summary offences – s.40 Criminal Justice Act 1988.Draft indictment generated electronically on sending for trial.

The bill of particulars drawn against Gulliver