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 and Wales
Citing:
Considered – 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 – 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 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.267628
