Schedule 1

Sections 6(3), 159(3) CHARGES ON A CHARGE-SHEET OR INDICTMENT

1. Statement of offence

A charge must-

(a) state the offence that the accused is alleged to have committed; and

(b) contain the particulars, in accordance with clause 2, that are necessary to give reasonable information as to the nature of the charge.

2. Statement of particulars

(1) Subject to subclause (2), particulars of the offence charged must be set out in ordinary language and the use of technical terms is not necessary.

(2) If a rule of law or a statute limits the particulars that are required to be given in a charge, nothing in this clause requires any more particulars than those required.

3. Statutory offence

(1) In this clause-

statutory offence means an offence created by an Act or subordinate instrument, or by a provision of an Act or subordinate instrument.

(2) For the purposes of clause 1(a), a statement of a statutory offence is
sufficient if it-

(a) identifies the provision creating the offence; and

(b) describes the offence in the words of the provision creating it, or in similar words.

(3) If a statutory offence states-

the offence to be committed in alternative ways; or

(b) any element or part of the offence in the alternative-

a charge may state the commission of the offence or the element or part of the offence in the alternative.

4. Exceptions, exemptions etc.

Any exception, exemption, proviso, excuse or qualification need not be
specified or negatived in a charge.

5. Joinder of charges

(1) A charge-sheet or indictment may contain charges for related offences,
whether against the same accused or different accused.

(2) If more than one offence is charged in a charge-sheet or indictment, the particulars of each offence charged must be set out in a separate,
consecutively numbered paragraph.

6. Charge against multiple accused

If an offence is alleged against more than one accused, regardless of their
degree of participation in the offence, an indictment or charge-sheet may name each of those accused in the charge for the offence.

7. Descriptions generally

Subject to any other provision of this Schedule, if it is necessary to
describe anything in a charge, it is sufficient to describe the thing in
ordinary language in a manner that indicates with reasonable clarity the thing referred to.

8. Description of persons

(1) The description or designation in a charge of a person must be reasonably sufficient to identify the person.

(2) If it is impracticable to comply with subclause (1)-

(a) a description or designation must be given that is reasonably
practicable in the circumstances; or

(b) the person may be described as "a person unknown".

9. Description of document

If it is necessary to refer to a document or instrument in a charge, it is
sufficient to describe it by any name by which it is usually known or by its substance, without setting out a copy of it.

10. Description of property

(1) The description of property in a charge must-

(a) be in ordinary language; and

(b) indicate the property with reasonable clarity.

(2) If a description of property complies with subclause (1), it is not
necessary to name the owner of the property or the value of the property,
unless that information is required to describe an offence which depends on a special ownership of property or a special value of property.

(3) If property is vested in more than one person and the owners of the
property are referred to in a charge, it is sufficient to describe the owners of the property-

(a) by naming one of those persons followed by the words "with others"; or

(b) if the owners are a body of persons with a collective name, by using
the collective name alone.

11. Statement of intent to deceive, injure or defraud

In stating an intent to deceive, injure or defraud, it is not necessary to
state an intent to deceive, injure or defraud any particular person if the
statute creating the offence does not make an intent to deceive, injure or
defraud a particular person an element of the offence.

12. Perjury, subornation of perjury, etc.

(1) In a charge for perjury or for an offence deemed to be perjury, it is
sufficient to set out-

(a) the substance of the offence charged; and

(b) the court, tribunal or person before whom the accused falsely swore or
falsely declared or affirmed the matter charged as false-

without setting out the commission or authority of the court, tribunal or
person.

(2) In a charge for subornation of perjury and other similar offences where
the offence of perjury has been actually committed, it is sufficient to allege the offence of the person who committed the offence of perjury in the manner referred to in subclause (1) and then to allege that the accused unlawfully caused and procured that person to commit the offence of perjury as alleged.

(3) In a charge for subornation of perjury and other similar offences where
the offence of perjury or other offence has not been actually committed, it is sufficient to set out the substance of the offence charged against the accused, without setting out any of the matters referred to in subclause (1).

13. Names of witnesses to be included on indictment

The following information must be included on an indictment-

(a) the name of every witness who gave evidence at the committal proceeding, indicating whether the prosecution proposes to call the witness at the trial; and

(b) the names of any other witnesses the prosecution proposes to call at the trial.