Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p13
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 13/48)
Character Range: 44614–47342

offence that the accused, or each accused, is alleged to have committed.
 (4) A statement of an offence is sufficient if the statement:
 (a) identifies the provision creating the offence; and
 (b) describes the offence in the words of the provision creating the offence or in similar words; and
 (c) describes, concisely and with reasonable particularity, the nature of the alleged offence.
 (5) An indictment need not deal with any exception, exemption, excuse, qualification or justification provided by the law creating the offence.
 (6) If an indictment describes any person or thing, the description is sufficient if it describes the person or thing in a manner that indicates with reasonable clarity the person or thing.

Indictment information notice
 (7) An indictment must be accompanied by an indictment information notice in accordance with Form CP15.

3.02  Service of indictment and other documents
  As soon as practicable after filing an indictment, the prosecutor must personally serve the accused with a stamped copy of each of the following:
 (a) the indictment;
 (b) the indictment information notice referred to in subrule 3.01(7);
 (c) any order made under subsection 23BF(6) of the Act extending the time to file the indictment.

3.03  Extension of time to file indictment
 (1) An application, under subsection 23BF(6) of the Act, for an extension of time to file an indictment must be made by filing an application in accordance with Form CP16.
Note: For the time within which the application may be made, see subsection 23BF(7) of the Act.
 (2) The application must be accompanied by an affidavit stating:
 (a) briefly, but specifically, the facts that support the application; and
 (b) why the indictment cannot be filed within the time required by section 23BF of the Act.
 (3) A copy of the committal order must be attached to the affidavit.
 (4) An application for an order under subrule (1) may be made without notice.
 (5) If:
 (a) an extension of time is granted without notice to the accused; and
 (b) an indictment is subsequently filed;
the accused may, within 28 days after the day the accused is served with a copy of the indictment, apply to the Court for an order setting aside the extension of time.

3.04  Committal papers
 (1) If committal proceedings have occurred in relation to an indictment, and committal papers for the proceedings are available to the prosecutor, the Court may order the prosecutor to provide any or all of the committal papers to the Court.
Note: If a court makes an order committing an accused for sentencing before the Court for an indictable offence, the court is taken to have made an order committing the accused for trial before the Court and the accused is