Indictment Rules 1971
| Jurisdiction | UK Non-devolved |
| Citation | SI 1971/1253 |
| Year | 1971 |
1971 No. 1253 (L. 31)
CRIMINAL PROCEDURE, ENGLAND AND WALES
The Indictment Rules 197123rdJuly 1971
6thAugust 1971
1stOctober 1971
We, the Rule Committee of the Supreme Court, in exercise of the powers conferred on us by section 19 of the Criminal Justice Administration Act 1956(a), hereby make the following rules under the Indictments Act 1915(b) :—
1. These Rules may be cited as the Indictment Rules 1971 and shall come into operation on 1st October 1971.
2.—(1) The rules contained in Schedule 2 to these Rules are hereby revoked.
(2) Any reference in any statutory instrument to a rule contained in the rules revoked by these Rules shall, if there is a corresponding rule in these Rules, be construed as a reference to that corresponding rule.
3. The Interpretation Act 1889(c) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
4.—(1) An indictment shall be in the form in Schedule 1 to these Rules or in a form substantially to the like effect.
(2) Where more than one offence is charged in an indictment, the statement and particulars of each offence shall be set out in a separate paragraph called a count, and rules 5 and 6 of these Rules shall apply to each count in the indictment as they apply to an indictment where one offence is charged.
(3) The counts shall be numbered consecutively.
5.—(1) Subject only to the provisions of rule 6 of these Rules, every indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence with which the accused person is charged describing the offence shortly, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge.
(2) An indictment for a specific offence shall not be open to objection in respect of its form if it is framed in accordance with a form of indictment for that offence for the time being approved by the Lord Chief Justice.
(a) 1956 c. 34.
(b) 1915 c. 90.
(c) 1889 c. 63.
6. Where the specific offence with which an accused person is charged in an indictment is one created by or under an enactment, then (without prejudice to the generality of rule 5 of these Rules)—
(a) the statement of offence shall contain a reference to—
(i) the section of, or the paragraph of the Schedule to, the Act creating the offence in the case of an offence created by a provision of an Act;
(ii) the provision creating the offence in the case of an offence created by...
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