Duplicity in Informations
| DOI | 10.1177/026455059304000407 |
| Date | 01 December 1993 |
| Published date | 01 December 1993 |
| Subject Matter | Articles |
199
Duplicity
in
Informations
Practice
issues
in
enforcing
community
orders
and
licences
Paul
Cooper
of
Liverpool
John
Moores
University
and
Josie
Cooper,
a
Training
Officer
with
Merseyside
Probation
Service,
consider
a
practice
and
procedural
dilemma
which
may
confront
probation
officers
in
court,
and
the
implications
for
conduct
of
supervision.
11
Probation
Service
prosecutions
are
initiated
by
laying
an
informa-
tion
at
the
supervising
court.
This
may
be
done
orally
in
the
case
of
a
summons,
but
must
be
written
and
substantiated
on
oath
if
the
application
is
for
a
warxant.l
Most
Pro-
bation
Service
informations
are
in
writing.
An
information
should
contain
the
name
and
address
of
the
person
against
whom
a
breach
is
alleged,
the
name
and
(office)
address
of
the
informant,2
brief
details
of
the
offence,
and
the
statute
that
has
been
contravened.
It
is
the
manner
in
which
the
details
of
the
offence
are
stated
that
issues
of
duplicity
may
arise.
The Rule Against Duplicity
The
principle
that
underlies
the
rule
against
duplicity
is
one
of
fairness.
An
in-
formation should
not
be
worded
in
a
way
that
restricts
the
rights
of
the
accused
by
alleg-
ing
more
than
one
offence,
as
a
single
mat-
ter.
A
defendant
may
have
a
defence,
for
example,
to
one
allegation,
but
not
to
another,
which
is
described
within
the
in-
formation
as
part
of
the
same
offence,
and
it
would
be
unfair
to
expect
him/her
to
enter
a
plea
in
such
circumstances.
Where
a
trial
proceeds
on
a
duplicitous
information
there
is
a
risk
that
the
hearing
could
be
declared
a
nullity
and
that
the
prosecution
case
would
be
lost.3
3
The
question
of
duplicity
is
one
of
fact
and
degree.
If
the
issue
arises,
the
court
must
refer
to
the
facts
of
the
case,
and
the
wor-
ding
of
the
particular
information.
These
fac-
tors
should
be
considered
within
the
framework
of
a
number
of
guideline
judgments.
Not
all
allegations
that
describe
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