4 |
Indictments |
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| 4.1 |
A decision made by a magistrate as to whether to commit an offender for trial does not absolve a prosecutor from independently reviewing the available evidence and deciding whether to indict and for what charge. |
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| 4.2 |
Indictments can only be signed by Crown prosecutors who have the necessary delegation. |
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| 4.3 |
Charges must adequately and appropriately reflect the criminality that can be reasonably proven. In cases where there have been numerous offences committed, the prosecutor should strive to charge counts that sufficiently reflect the gravity of the incidents and the course of conduct. |
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| 4.4 |
An indictment should be settled and presented within 21 days of committal or on or before the first arraignment day (whichever is earlier). |
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| 4.5 |
In all cases prosecutors must guard against the risk of an unduly lengthy or complex trial (however, there will be cases where complexity and length are unavoidable). |
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| 4.6 |
Substantive charges are to be preferred to conspiracy where possible. However conspiracy may be the only appropriate charge in view of the facts and the need to reflect the overall criminality of the conduct alleged. Where conspiracy is alleged the indictment shall only be signed by the Director or Deputy Director. |
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| 4.7 |
Pursuant to section 131A Criminal Code indictments for an offence of maintain an unlawful sexual relationship with child can only be signed by the Director. |
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| 4.8 |
Prosecutors must supply particulars if requested: section 313 Criminal Code. |
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| 4.9 |
A prosecutor may prepare an indictment charging an offence which is different to that for which the person was committed for trial provided there is evidence of such at the committal: section 299 Criminal Code. Where the charge is substantially different from the charges at committal then the Guidelines for ex officio indictments apply - Guideline 5: Ex Officio Indictments |
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| 4.10 |
Whenever an indictment is prepared and there are outstanding charges, consideration should be given to determine whether it is appropriate for such charges to be included on the indictment or on a Form 6 schedule pursuant to section 107 Sentencing Act - Guideline 16: Sentence. |
