The Criminal Procedure Rules 2020

Draft indictment generated electronically on sending for trial E+W

10.3.—(1) Unless the Crown Court otherwise directs before the defendant is arraigned, this rule applies where—

(a) a magistrates’ court sends a defendant to the Crown Court for trial;

(b) the magistrates’ court officer serves on the Crown Court officer the notice required by rule 9.5 (Duty of magistrates’ court officer); and

(c) by means of such electronic arrangements as the court officer may make for the purpose, there is presented to the Crown Court as a count—

(i) each allegation of an indictable offence specified in the notice, and

(ii) each allegation specified in the notice to which section 40 of the Criminal Justice Act 1988 applies (specified summary offences founded on the prosecution evidence).

(2) Where this rule applies—

(a) each such allegation constitutes a count;

(b) the allegation or allegations so specified together constitute a draft indictment;

(c) before the draft indictment so constituted is preferred before the Crown Court under rule 10.2(5)(b)(i) the prosecutor may substitute for any count an amended count to the same effect and charging the same offence;

(d) if under rule 3.19 (Service of prosecution evidence) the prosecutor has served copies of the documents containing the evidence on which the prosecution case relies then, before the draft indictment is preferred before the Crown Court under rule 10.2(5)(b)(i), the prosecutor may substitute or add—

(i) any count charging substantially the same offence as one specified in the notice, and

(ii) any other count charging an offence which the Crown Court can try and which is based on the prosecution evidence so served; and

(e) a prosecutor who substitutes or adds a count under paragraph (2)(c) or (d) must serve that count on the Crown Court officer and the defendant.

[Note. An ‘indictable offence’ is (i) an offence classified as triable on indictment exclusively, or (ii) an offence classified as triable either on indictment or summarily. See also the note to rule 9.1 (Allocation and sending for trial: When this Part applies).

Section 40 of the Criminal Justice Act 1988 lists summary offences which may be included in an indictment if the charge—

(a) is founded on the same facts or evidence as a count charging an indictable offence; or

(b) is part of a series of offences of the same or similar character as an indictable offence which is also charged.]

Commencement Information

I1 Rule 10.3 in force at 5.10.2020, see Preamble