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.
Citations:
(1982) 75 Cr App R 133, Times 09-Jun-1982
Statutes:
Indictment (Procedure) Rules 1971 (1971 No 2084) 5
Jurisdiction:
England and Wales
Cited by:
Applied – Regina v Farooki CACD 1983
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 . .
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 . .
Considered – Regina 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 May 2022; Ref: scu.267626