Commonwealth Numbered Regulations Commonwealth Numbered RegulationsIndictment must be filed by electronic communication
(1) Despite paragraph 1.25(1)(a), an indictment that is to be filed in indictable primary proceedings must be filed by being lodged by electronic communication in accordance with paragraph 1.21(1)(d).
Note 1: For the time within which indictments must be filed, see section 23BF of the Act.
Note 2: Paragraph 1.25(1)(a) provides that a document is filed if it is lodged in accordance with any of the methods in subrule 1.21(1). Subrule (1) of this rule limits the method by which an indictment may be lodged for filing.
Note 3: The prosecutor must retain the signed indictment so that it can be produced to the Court at arraignment--see rule 3.13.
Form of indictment
(2) An indictment must be in accordance with Form CP14.
(3) An indictment must state the offence that the accused, or each accused, is alleged to have committed.
(4) A statement of an offence is sufficient if the statement:
(a) identifies the provision creating the offence; and
(b) describes the offence in the words of the provision creating the offence or in similar words; and
(c) describes, concisely and with reasonable particularity, the nature of the alleged offence.
(5) An indictment need not deal with any exception, exemption, excuse, qualification or justification provided by the law creating the offence.
(6) If an indictment describes any person or thing, the description is sufficient if it describes the person or thing in a manner that indicates with reasonable clarity the person or thing.
Indictment information notice
(7) An indictment must be accompanied by an indictment information notice in accordance with Form CP15.