18
CAP. 221]
Criminal Procedure
[1988 Ed.
Offence committed on high seas or in foreign parts
19. In any indictment for an offence committed on the high seas or in foreign parts, an allegation that the person injured was, at the time of the offence charged, in the peace of the Queen shall be a sufficient allegation of the jurisdiction of the court to hear and determine the case.
Averment as to money or bank note
20. In any indictment in which it is necessary to make an averment as to any money or any note of the Bank of England or of any other bank, it shall be sufficient to describe such money or bank note simply as money without specifying any particular coin or bank note; and such allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed, or the particular nature of the bank note, is not proved.
Charge of previous conviction
(Amended, 34 of 1972, s. 4)
21. In any court charging the accused person with having been previously convicted, it shall be sufficient to state that the accused person was, at a certain time and place, convicted of an offence punishable on summary conviction or of a felony or misdemeanor, as the case may be, without further describing the offence.
General provision as to matters not necessary to be alleged, etc.
22. No indictment shall be held insufficient for want of the averment of any matter unnecessary to be proved, or for that any person mentioned in the indictment is designated by a name of office or other descriptive appellation instead of his proper name, or for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, or for stating the time imperfectly, or for stating the offence to have been committed on a day subsequent to that of the indictment, or on an impossible day, or on a day that never happened, or for want of any statement of the value or price of any matter or thing, or the amount of damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence.
Orders for amendment of indictment, separate trial and postponement of trial
23. (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.
(2) Where an indictment is so amended a note of the order for amendment shall be endorsed on the indictment.
18
CAP. 221]
Criminal Procedure
[1988 Ed.
Offence committed on high seas or in foreign parts
19. In any indictment for an offence committed on the high seas or in foreign parts, an allegation that the person injured was, at the time of the offence charged, in the peace of the Queen shall be a sufficient allegation of the jurisdiction of the court to hear and determine the case.
Averment as to money or bank note
20. In any indictment in which it is necessary to make an averment as to any money or any note of the Bank of England or of any other bank, it shall be sufficient to describe such money or bank note simply as money without specifying any particular coin or bank note; and such allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed, or the particular nature of the bank note, is not proved.
Charge of previous conviction
(Amended, 34 of 1972, s. 4)
21. In any court charging the accused person with having been previously convicted, it shall be sufficient to state that the accused person was, at a certain time and place, convicted of an offence punishable on summary conviction or of a felony or misdemeanor, as the case may be, without further describing the offence.
General provision as to matters not necessary to be alleged, etc.
22. No indictment shall be held insufficient for want of the averment of any matter unnecessary to be proved, or for that any person mentioned in the indictment is designated by a name of office or other descriptive appellation instead of his proper name, or for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, or for stating the time imperfectly, or for stating the offence to have been committed on a day subsequent to that of the indictment, or on an impossible day, or on a day that never happened, or for want of any statement of the value or price of any matter or thing, or the amount of damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence.
Orders for amendment of indictment, separate trial and postponement of trial
23. (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.
(2) Where an indictment is so amended a note of the order for amendment shall be endorsed on the indictment.
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