Article 7 Amendments to the Criminal Procedure Rules

renumber paragraph (2) as (3);

after paragraph (1) insert—

“(2)

Before proceeding to trial the court must—

(a)

obtain the prosecutor’s confirmation, in writing or orally, that the indictment on which the defendant is about to be tried sets out—

(i)

a statement of each offence that the prosecutor wants the court to try, and

(ii)

such particulars of the conduct constituting the commission of each such offence as the prosecutor relies upon to make clear what is alleged;

(b)

ensure that the defendant is correctly identified by that indictment;

(c)

satisfy itself that there has been explained to the defendant, in terms the defendant can understand (with help, if necessary), each allegation in that indictment against him or her; and

(d)

invite any objection to the terms or validity of that indictment.”; and

at the end of the note to the rule insert—

“Part 10 contains rules about the content and service of indictments. Under section 2(6ZA) of the Administration of Justice (Miscellaneous Provisions) Act 1933^f1, no objection to the indictment may be taken after the trial commences by reason of any failure to observe those rules.”.