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JUSTICES REGULATION 2014 - REG 14
What bench charge sheet must state when given to clerk of the court
14 What bench charge sheet must state when given to clerk of the court
(1) A bench charge sheet under section 13 must state— (a) the name of the
defendant and of the complainant, if any; and
(b) the offence with which the
defendant is charged and adequate particulars of the charge to inform the
defendant of the nature of the charge, including, for example, the following
particulars— (i) particulars of the alleged time and place of committing the
offence;
(ii) particulars of the person, if any, alleged to be aggrieved;
(iii) particulars of the property, if any, in question; and
(c) any
circumstances of aggravation on which it is intended to rely.
(2) When
stating the offence on the bench charge sheet, it is sufficient to describe
the offence in the words of the Criminal Code or the Act defining it, or in
similar words.
(3) A description of persons or things that would be
sufficient on an indictment is sufficient on a bench charge sheet. Note—
For example, the Criminal Code , sections 565 (General rules applicable to
indictments) and 566 (Particular indictments) set out requirements sufficient
for particular indictments.
(4) Subsection (1) (b) does not apply if
section 42 (2) of the Act applies to the charge. Note— Section 42 (2) of
the Act already requires particulars of certain charges to be entered on a
bench charge sheet.
(5) This section and section 15 do not limit the
information that may be stated on a bench charge sheet.
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