6. Where the specific offence with which an accused person is charged in an indictment is one created by or under an enactment, then (without prejudice to the generality of rule 5 of these Rules)—
- (a) the statement of offence shall contain a reference to—
- (i) the section of, or the paragraph of the Schedule to, the Act creating the offence in the case of an offence created by a provision of an Act;
- (ii) the provision creating the offence in the case of an offence created by a provision of a subordinate instrument;
- (b) the particulars shall disclose the essential elements of the offence:
- Provided that an essential element need not be disclosed if the accused person is not prejudiced or embarrased in his defence by the failure to disclose it;
- (c) it shall not be necessary to specify or negative an exception, exemption, proviso, excuse or qualification.
7. Where an offence created by or under an enactment states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters stated in the alternative in the enactment or subordinate instrument may be stated in the alternative in an indictment charging the offence.
8. It shall be sufficient in an indictment to describe a person whose name is not known as a person unknown.
9. Charges for any offences may be joined in the same indictment if those charges are founded on the same facts, or form or are a part of a series of offences of the same or a similar character.
10.—(1) A person charged on indictment shall, if he so requests, be supplied by the proper officer of the court of trial with a copy of the indictment free of charge.
(2) The cost of supplying a person charged on indictment with a copy of the indictment shall be treated as part of the costs of the prosecution for the purpose of section 1 of the Costs in Criminal Cases Act 1952(a)[1].
Dated 23rd July 1971.
Hailsham of St. Marylebone, C.
Widgery, C. J.
Denning, M. R.
George Baker, P.
Cyril Salmon, L. J.
John Pennycuick, V.-C.
James Fox-Andrews.
J. H. Buzzard.
Oliver Lodge.
Glanville Davies.
H. Montgomery-Campbell.
- ↑ (a) 1952 c. 48.
