Indictments
Rules 1972
THE SUPERIOR NUMBER OF THE ROYAL COURT, in exercise of the powers conferred by Article 13 of the Royal Court (Jersey)
Law 1948, and of all
other powers enabling it in this behalf, has made the following Rules –
Commencement
[see endnotes]
Rule 1
Every indictment shall contain, and shall be
sufficient if it contains, a statement of the specific offence with which the
accused person is charged, together with such particulars as may be necessary
for giving reasonable information as to the nature of the charge:
Provided that where a number of offences of the same or of a similar
character have been admitted by the accused, the first of such offences shall
be set forth in the manner prescribed above, but the remainder of such offences
may be set forth in the form of a list, stating only the date and place and any
other information necessary to identify each particular offence.[2]
Rule 2
The commencement of the indictment shall be in the following
form –
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Before the Royal Court of
Jersey
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Her Majesty’s Attorney
General
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–v–
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A. B.
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A. B. is charged with the following offence(s) –
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Count 1
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Statement of offence.
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Particulars of offence.
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Rule 3
Charges for any offences, whether crimes, délits or infractions, may be joined in the same indictment if those charges are founded
on the same facts or form or are part of a series of offences of the same or a
similar character.
Rule 4
(1) Every indictment shall
be signed by the Attorney General and shall be lodged with the Judicial
Greffier not less than 36 hours before the accused is called upon to answer
thereto.
(2) The Judicial Greffier
shall on request supply a copy of the indictment free of charge to the accused,
or to the accused’s advocate or solicitor.
Rule 5
Notwithstanding any rule of law or practice to the contrary, an
indictment shall not be open to objection in respect of its form or contents if
it is framed in accordance with these Rules.
Rule 6
(1) Where, before trial, or
at any stage of a trial, it appears to the Court that the indictment is
defective, the Court shall make such order for the amendment of the indictment
as the Court thinks necessary to meet the circumstances of the case, unless,
having regard to the merits of the case, the required amendments cannot be made
without injustice.
(2) Where, before trial, or
at any stage of a trial, the Court is of opinion that an accused person may be
prejudiced or embarrassed in the accused’s defence by reason of being
charged with more than one offence in the same indictment, or that for any
other reason it is desirable to direct that the person should be tried
separately for any one or more offences charged in an indictment, the Court may
order a separate trial of any count or counts of such indictment.
(3) Where, before trial, or
at any stage of a trial, the Court is of the opinion that the postponement of
the trial of an accused person is expedient as a consequence of the exercise of
any power of the Court under this Rule to amend an indictment or to order a
separate trial of any count or counts, the Court shall make such order as to
the postponement of the trial as appears necessary.
(4) Where the Court makes
an order under this Rule for a separate trial or for the postponement of a
trial –
(a) if such
an order is made during a trial by jury the Court may discharge the jury from
giving a verdict on the indictment or on the count the trial of which has been
postponed, as the case may be; or
(b) if
such an order is made during a trial by the Inferior Number the Court shall not
be required to give a verdict on the indictment or on the count the trial of
which has been postponed, as the case may be; and
(c) the
procedure on the separate trial of any count or counts shall be the same in all
respects as if the count or counts had been found in a separate indictment, and
the procedure on the postponed trial shall be the same in all respects (if the
jury has been discharged or if the Inferior Number has not given a verdict) as
if the trial had not commenced; and
(d) the
Court may make such order as to costs and as to admitting the accused person to
bail, and otherwise, as the Court thinks fit.
(5) Any power of the Court
under this Rule shall be in addition to and not in derogation of any other
power of the Court for the same or similar purposes.
Rule 7
Nothing in these Rules shall invalidate the inclusion in an
indictment of alternative counts in the customary form.
Rule 8
These Rules may be cited as the Indictments Rules 1972.