9.5 Joinder of summary offences under s 40 of the Criminal Justice Act 1988

The requirement of s 40 of the Criminal Justice Act 1988 that a summary offence can only be added to an indictment alongside an indictable offence if it is founded on the same facts as the indictable offence or forms or is part of a series of offences of the same or a similar character to the indictable offence (see Chapter 3, 3.13), mirrors the requirement of r 9 of the Indictment Rules.