R v Clarke

JurisdictionNorthern Ireland
Judgment Date01 January 1973
Date01 January 1973
CourtAssizes (Northern Ireland)
(Armagh Assizes)
R
and
Clarke

Indictment "presented" -Indictments Act (Northern Ireland), 1945 (c. 16), s. 5 (2), Sch. 1, Reg. 13 - Grand Jury (Abolition) Act (Northern Ireland), 1969 (c.15), s. 2. Evidence - Statement made by persons in custody.

The accused appeared at Armagh, Assizes on the 12th October, 1972, to stand trial on an indictment containing three counts. On arraignment the Crown sought to put to the accused a bill of indictment which differed from the first bill of indictment which had been preferred. The Grand Jury (Abolition) Act (Northern Ireland), 1969, abolished the Grand Jury and in its place provided that an indictment might be "presented to a Court of Assize or to a County Court although not found by Grand Jury." Held that the Act of 1969 made no change in the rule that once a bill has been "presented" it is that bill, and none other, on which the accused can be tried at that...

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    • Hong Kong
    • Court of Appeal (Hong Kong)
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    ...(2) 1909 1 K.B. 692. (3) (1964) 48 Cr. App. R. 183, 259 (4) 1966 2 All E.R. 26 (5) (1970) 4 Can. Cr. Cas. 1. (6) (1965) 99 Ir. L.T. 59 (7) 1973 N.I. 45, (8) (1970) 54 Cr. App. R. 267. (9) Cr. App. No. 880 of 1972 (10) 1973 H.K.L.R. 231. (11) (1971) 56 Cr. App. R. 151. ...

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