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, he appealed saying that the voluntary bill had never been signed by the proper officer: without a signature, he argued, there could be no indictment, and without an indictment there could be no valid trial.
Held: The Court upheld the submission.


Lord Lane CJ, McCowan and Pill JJ


[1988] 87 Cr App R 9


Administration of Justice (Miscellaneous Provisions) Act 1933 2(2)


England and Wales


AppliedRegina v Hodges (George David) CACD 5-Jun-1981
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 . .
DistinguishedRegina v Price CACD 6-Nov-1985
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: . .

Cited by:

CitedClarke, 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 . .
CitedRegina v Janceski 18-Aug-2005
(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 . .
CitedRegina v Laming CACD 1989
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. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 07 September 2022; Ref: scu.267621