What bench charge sheet must state when given to clerk of the court
14 What bench charge sheet must state when given to clerk of the court
A bench charge sheet under section 13 must state—
the name of the defendant and of the complainant, if any; and
the offence with which the defendant is charged and adequate particulars of the charge to inform the defendant of the nature of the charge, including, for example, the following particulars—
particulars of the alleged time and place of committing the offence;
particulars of the person, if any, alleged to be aggrieved;
particulars of the property, if any, in question; and
any circumstances of aggravation on which it is intended to rely.
When stating the offence on the bench charge sheet, it is sufficient to describe the offence in the words of the Criminal Code or the Act defining it, or in similar words.
A description of persons or things that would be sufficient on an indictment is sufficient on a bench charge sheet.
Note—
For example, the Criminal Code, sections 565 (General rules applicable to indictments) and 566 (Particular indictments) set out requirements sufficient for particular indictments.
Subsection (1)(b) does not apply if section 42(2) of the Act applies to the charge.
Note—
Section 42(2) of the Act already requires particulars of certain charges to be entered on a bench charge sheet.
This section and section 15 do not limit the information that may be stated on a bench charge sheet.
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