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 a material irregularity,
Citations:
(1983) 77 Cr App R 257
Statutes:
Indictments (Procedure) Rules 1971 (1971 No 2084) 5
Jurisdiction:
England and Wales
Citing:
Applied – Regina v Soffe CACD 1982
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 . .
Cited by:
Cited – Clarke, Regina v; Regina v McDaid HL 6-Feb-2008
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 18 June 2022; Ref: scu.267627