The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
A trial was declared a nullity, after it had been adjourned for a fresh indictment to be provided, but none had then been prepared. Citations: Ind Summary 15-Feb-1996 Statutes: Administration of Justice Act 1933 2(1) Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.86849
(Supreme Court of New South Wales) The NSW statute required that an indictment should be signed by any one of a number of persons specified in the section, including a person authorised by the Director of Public Prosecutions to sign indictments, and empowered the DPP by order in writing to authorise persons to sign indictments … Continue reading Regina v Janceski: 18 Aug 2005
A High Court judge had given leave to prefer a voluntary bill against the appellant, who was arraigned on six counts in the voluntary bill. He pleaded not guilty, was convicted on four counts and was sentenced. Relying on section 2 of the 1933 Act, he appealed saying that the voluntary bill had never been … Continue reading Regina v Morais: CACD 1988
The defendant appealed saying that after committal, the trial had proceeded on the basis of a voluntary bill of indictment, and he had been convicted on his own plea. He now appealed saying that the bill had not been signed as required. Held: The court ordered a venire de novo so that the case would … Continue reading Regina v Price: CACD 6 Nov 1985
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
Conviction withoiut required Consent was Unsafe Whether a conviction for an offence which requires the consent of the Attorney General before the proceedings are instituted can stand when no such consent was obtained. Held: The appellant’s arguments were well-founded and his conviction on count 5 could not be regarded as safe: ‘as a matter of … Continue reading Lalchan, Regina v: CACD 27 May 2022
The defendant appealed saying that the court clerk had signed the indictment in the wrong place. Held: The signature had been intended to validate the indictment. The appeal failed. Citations: (1989) 90 Cr App R 450 Statutes: Administration of Justice (Miscellaneous Provisions) Act 1933 1 2, Indictment (Rules) 1971 (1971 No 1253) 4(1) Jurisdiction: England … Continue reading Regina v Laming: CACD 1989
The defendant was committed for trial on seven charges of fraud. An eighth was then added under a voluntary bill of indictment, and a circuit judge confirmed a new indictment with all the eight charges. He appealed. Held: His appeal succeeded. One indictment could be amended to include the other charges, but there was no … Continue reading Regina v Cairns: CACD 1983
The defendant appealed saying that the prosecution had broken the principle ‘that it is only once that an indictment can be preferred upon the basis of one committal’. Held: The trial had taken place upon an invalid indictment not properly founded on a committal nor preferred by leave of a High Court judge and the … Continue reading Regina v Thompson: 1975
The defendants appealed, complaining of defects in the commital procedure.
Held: The proceedings committing the defendants for trial were so defective that there was no lawful committal. It followed that the document purporting to be an . .
The court considered a claim that the indictment was invalid.
Held: Peter Pain J said: ‘It seems to us that it is impossible for a criminal trial to start without there being a valid indictment to which the defendant can plead, and that the . .
The Court recalled the fundamental distinction between the preferment of a bill of indictment and the signing of the bill: it is the signing of the bill which converts it into an indictment. The court then accepted that the proper officer had . .
