- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Indictments Act 1915.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
An Act to amend the Law relating to Indictments in Criminal Cases, and matters incidental or similar thereto.
[23rd December 1915]
The rules contained in the First Schedule to this Act with respect to indictments shall have effect as if enacted in this Act, but those rules may be added to, varied, or annulled by further rules made . . . F1 under this Act.
Textual Amendments
F1Words repealed by Criminal Justice Administration Act 1956 (c. 34), s. 19(4)(b)
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(2)[F3The Criminal Procedure Rule Committee] shall have power from time to time, . . . F4 to make rules varying or annulling the rules contained in the First Schedule to this Act and to make further rules with respect to the matters dealt with in those rules, and those rules shall have effect subject to any modifications or additions so made.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
F2S. 2(1) repealed by Criminal Justice Administration Act 1956 (c. 34), s. 19(4)(b)
F3Words in s. 2(2) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 67; S.I. 2004/2066, art. 2(c)(i) (with art. 3)
F4Words repealed by Criminal Justice Administration Act 1956 (c. 34), s. 19(4)(b)
F5S. 2(3) repealed by Courts Act 1971 (c. 23) Sch. 11 Pt. IV
F6S. 2(4) repealed by Criminal Justice Administration Act 1956 (c. 34) s. 19(4)(b)
Modifications etc. (not altering text)
C1Power to extend s. 2 conferred by Criminal Justice Act 1925 (c. 86), s. 33(4)
C2S. 2 amended by Courts Act 1971 (c. 23), Sch. 8 para. 17(2)
(1)Every indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge.
(2)Notwithstanding any rule of law or practice, an indictment shall, subject to the provisions of this Act, not be open to objection in respect of its form or contents if it is framed in accordance with the rules under this Act.
Subject to the provisions of the rules under this Act, charges . . . F7 for more than one misdemeanour . . . F7, may be joined in the same indictment, . . . F7
Textual Amendments
F7Words repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
(1)Where, before trial, or at any stage of a trial, it appears to the court that the indictment is defective, the court shall make such order for the amendment of the indictment as the court thinks necessary to meet the circumstances of the case, unless, having regard to the merits of the case, the required amendments cannot be made without injustice . . . F8.
(2)Where an indictment is so amended, a note of the order for amendment shall be endorsed on the indictment, and the indictment shall be treated for the purposes of the trial and for the purposes of all proceedings in connection therewith as having been found by the grand jury in the amended form.
(3)Where, before trial, or at any stage of a trial, the court is of opinion that a person accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same indictment, or that for any other reason it is desirable to direct that the person should be tried separately for any one or more offences charged in an indictment, the court may order a separate trial of any count or counts of such indictment.
(4)Where, before trial, or at any stage of a trial, the court is of opinion that the postponement of the trial of a person accused is expedient as a consequence of the exercise of any power of the court under this Act to amend an indictment or to order a separate trial of a count, the court shall make such order as to the postponement of the trial as appears necessary.
(5)Where an order of the court is made under this section for a separate trial or for the postponement of a trial—
F9(a)if such an order is made during a trial the court may order that the jury [F9(if there is one)] be discharged from giving a verdict on the count or counts the trial of which is postponed or on the indictment, as the case may be; and
F10(b)the procedure on the separate trial of a count shall be the same in all respects as if the count had been found in a separate indictment, and the procedure on the postponed trial shall be the same in all respects (if the jury has been discharged[F10under paragraph (a)]) as if the trial had not commenced; and
(c)the court may make such order . . . F11as to [F12granting the accused person bail] and as to the enlargement of recognizances and otherwise as the court thinks fit.
(6)Any power of the court under this section shall be in addition to and not in derogation of any other power of the court for the same or similar purposes.
Textual Amendments
F8Words repealed by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(6), Sch. 2
F9Words in s. 5(5)(a) substituted (24.7.2006 for E.W., 8.1.2007 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 40(2); S.I. 2006/1835, art. 2(h); S.I. 2006/3422, art. 2(c)(i)
F10Words in s. 5(5)(b) inserted (24.7.2006 for E.W., 8.1.2007 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 40(3); S.I. 2006/1835, art. 2(h); S.I. 2006/3422, art. 2(c)(i)
F11Words repealed by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(6), Sch. 2
F12Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
Textual Amendments
Nothing in this Act shall prevent an indictment being open to objection if it contravenes or fails to comply with . . . F14 any other enactment: . . . F14
Textual Amendments
F14Words repealed by Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36), Sch. 3
(1)Nothing in this Act or the rules thereunder shall affect the law or practice relating to the jurisdiction of a court or the place where an accused person can be tried, nor prejudice or diminish in any respect the obligation to establish by evidence according to law any acts, omissions, or intentions which are legally necessary to constitute the offence with which the person accused is charged, nor otherwise affect the laws of evidence in criminal cases.
(2)In this Act, unless the context otherwise requires, the expressio n “the court” means the court before which any indictable offence is tried or prosecuted.
(3)The provisions of this Act relating to indictments shall apply to . . . F15 any plea, replication, or other criminal pleading, with such modifications as may be made by rules under this Act.
Textual Amendments
F15Words repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III and Criminal Law Act 1977 (c. 45), Sch. 13
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
(2)This Act shall not extend to Scotland or Ireland.
(3)This Act may be cited as the Indictments Act, 1915.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
Textual Amendments
F16S. 9(1)(4) repealed by Statute Law Revision Act 1927 (c. 42)
Modifications etc. (not altering text)
C3Unreliable marginal note
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Sch. 1 repealed by S.I. 1971/1253, r. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Sch. 2 repealed by Statute Law Revision Act 1927 (c. 42)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: