The defendant sought leave to appeal saying that the 1971 rules had not been followed in preferring the bill of indictment. Held: The breach was not a material irregularity. The application of the rules was a matter for the judge, and not for the defendant to make representations. The rules were directory, and not mandatory. … Continue reading Regina v Soffe: CACD 1982
The judge had allowed a 56 day extension to the time for preferring the bill of indictment against the defendant. There were further delays outside the extended period. The judge refused to quash the indictment at trial. Held: The 1971 rules were not mandatory, and the conviction would not be quashed. The breach was not … Continue reading Regina v Farooki: CACD 1983
New procedures for judges considering an application for a voluntary bill of indictment. The rules provide for compliance with the acts and rules governing such bills, and detailed disclosure of charges refused by magistrates, of the evidence which brought the bill within the rules. It should be for exceptional considerations of justice not administrative convenience. … Continue reading Practice Direction (Crime: Voluntary Bills): LCJ 5 Aug 1999