The defendant appealed saying that the prosecution had broken the principle ‘that it is only once that an indictment can be preferred upon the basis of one committal’.
Held: The trial had taken place upon an invalid indictment not properly founded on a committal nor preferred by leave of a High Court judge and the trial was therefore a nullity. The convictions were quashed.
[1975] 1 WLR 1425, [1975] 2 All ER 1028
Administration of Justice (Miscellaneous Provisions) Act 1933 2(2)
England and Wales
Cited by:
Applied – Regina v Cairns CACD 1983
The defendant was committed for trial on seven charges of fraud. An eighth was then added under a voluntary bill of indictment, and a circuit judge confirmed a new indictment with all the eight charges. He appealed.
Held: His appeal succeeded. . .
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: 22 January 2022; Ref: scu.267618