ABSTRACT

The trial of indictable matters in the High Court is initiated by the filing of an indictment. The indictment is preferred by the Director of Public Prosecutions. The document is really the printed accusation of the crime or crimes made at the suit of the State, or the Queen, depending on the jurisdictions. The charge or charges contained in the indictment may be for any indictable offence or offences disclosed in the depositions, the evidence of the witnesses given at the preliminary enquiry. The statement of offence specifies in short the name of the charge and must include the statutory provision that is allegedly breached if the offence is a statutory offence, as most are. Issues of duplicity and amendment arising from the form of an indictment may be determined in accordance with the law and principles. Indictable trials originated at common law. Consequently, the practice and procedure in general is founded in the common law and not statute.