Indictments (Procedure) Rules 1971
| Jurisdiction | UK Non-devolved |
| Citation | SI 2084/1971 |
| Year | 1971 |
1971 No. 2084 (L. 51)
CRIMINAL PROCEDURE, ENGLAND AND WALES
The Indictments (Procedure) Rules 197120thDecember 1971
1stJanuary 1972
The Lord Chancellor, in exercise of the powers conferred upon him by section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933(a), hereby makes the following Rules :—
1. These Rules may be cited as the Indictments (Procedure) Rules 1971 and shall come into operation on 1st January 1972.
2. In these Rules—
"the appropriate officer" means such officer as may be designated for the purpose in question by arrangements made by or on behalf of the Lord Chancellor;
"the Act" means the Administration of Justice (Miscellaneous Provisions) Act 1933 ;
"committal proceedings" means proceedings before a magistrates' court acting as examining justices ;
"depositions" means depositions taken before justices under the Magistrates' Courts Act 1952(b) or under the Children and Young Persons Act 1933(c) and includes written statements tendered in evidence under section 2 of the Criminal Justice Act 1967(d), any document exhibited to such depositions or statements and the statement of the accused :
Provided that any requirement of these Rules that an application should be accompanied by a copy of any depositions, shall as respects documents exhibited to those depositions, be satisfied if a copy of such parts only of the exhibits as are, in the opinion of the applicant, material, accompanies the application, and the application contains an express statement to that effect.
3. The Interpretation Act 1889(e) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
4. Subject as hereinafter provided, a bill of indictment shall be preferred before the Crown Court by delivering the bill to the appropriate officer of the Crown Court :
Provided that where with the assent of the prosecutor the bill is prepared by, or under the supervision of, the appropriate officer it shall not be nec-
(a) 1933 c. 36.
(b) 1952 c. 55.
(c) 1933 c. 12.
(d) 1967 c. 80.
(e) 1889 c. 63.
essary for the bill to be delivered to the appropriate officer but as soon as it has been settled to his satisfaction it shall be deemed to have been duly preferred.
5. Where a defendant has been committed for trial, the bill of indictment must be preferred within 28 days of such committal or within such longer period as a judge of the Crown Court may allow.
6. An application under section 2(2)(b)...
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