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Criminal litigation: Indictments
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Every rule you need to know for ''indictments'' with examples, to pass the Bar Exams with good marks!
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IndictmentsAn indictment is a formal document, which sets out the charges on which the accused is to be
arraigned (when a D goes to the CC for the first time, the usher/clerk reads out the charges to
him) at the commencement of a trial on indictment in the CC.
Requirements
Who drafts; prosecution counsel,
Who endorses (approves); court officers,
When served; within 28 days of prosecution case served on D (when sent for trial), or
High Court judge consenting to VBI (voluntary bills of indictment). In both cases
indictment to be served at least 7 days before PTPH (pre-trial prep hearing)
What counts can be included; can be any indictable offence disclosed by evidence and
has been served.
Indictment structure
Each offence will be in separately in number paragraphs.
Each count has separate statement and particulars of offence. Particulars give sufficient
information as to the nature of the offence.
Gives the statutory basis of the offence.
The date of the offence (so far as it is known). Generally, must allege offence on single
day, unless properly regarded as continuing (conspiracy).
Multiple Offending Count
More than one incident of the commission of the offence may be included in a count if those
incidents taken together amount to a course of conduct having regard to the time, place or
purpose of commission. By including multiple incidents in a single count based on the course of
conduct principle, prosecutors can present a more comprehensive case that reflects the
continuous nature of the defendant's actions. This approach helps in addressing situations
where individual incidents, when viewed in isolation, might not fully capture the seriousness or
pattern of the behavior in question.
(Example: Conspiracy, kidnapping, money laundering)
Used where?
, a. The victim on each occasion was the same (Kidnapping).
b. Or there was no identifiable victim (Selling drugs)
c. Repetition of methods across incidents (Same method, or same location).
d. Incidents occurred over a clearly defined period, but not more than a year (Money
laundering).
e. Defense applies to each incident without differentiation (Part in a conspiracy. Defense is
duress throughout).
Joinder of Counts
Multiple counts can be joined in the same indictment if:
They are founded on the same facts, or
They form part of a series of offenses of the same or similar character, or
They are connected with each other.
(Examples of joinder of counts:
Single Incident, Multiple Offenses
A defendant, Alice, breaks into a house and commits multiple crimes during the incident. She is
charged with:
1. Burglary (Count 1)
2. Assault (Count 2) – for attacking the homeowner
3. Theft (Count 3) – for stealing jewelry
Since all these charges arise from the same incident, they can be joined in a single indictment.
This allows the court to handle all related charges in one trial.
Series of Similar Offenses
A defendant, Bob, is involved in a spree of car thefts over a month. He is charged with:
1. Car Theft on January 5th (Count 1)
2. Car Theft on January 12th (Count 2)
3. Car Theft on January 20th (Count 3)
These charges represent a series of similar offenses. Because they are of the same character
and were committed over a short period, they can be joined in one indictment for a single trial.
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