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 bill of indictment does not become an indictment until it is signed’.
Peter Pain
Unreported, 5 June 1981
Administration of Justice (Miscellaneous Provisions) Act 1933 2(2)
England and Wales
Cited by:
Applied – Regina v Morais CACD 1988
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, . .
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 . .
These lists may be incomplete.
Updated: 12 July 2021; Ref: scu.267622