Criminal Law Consolidation Act 1935



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Part 12—Regulations

370—Regulations

(1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.

(2) Without limiting subsection (1), the regulations may impose a penalty (not exceeding a fine of $2 500) for contravention of, or non-compliance with, a regulation.

Schedule 1



Schedule 2



Schedule 3—Rules

1—Form of information etc

(1) Informations and other criminal pleadings may be written or printed, or partly written and partly printed, and shall be on white folio foolscap paper on one side only with a quarter margin, and shall be folded lengthwise.

(2) Figures and abbreviations may be used in informations for expressing anything which is commonly expressed thereby.

(3) There shall be endorsed on the back of every information the names of the witnesses intended to be called at the trial.

(4) An information shall not be open to objection by reason only of any failure to comply with this rule.

2—Form of commencement of an information

The commencement of an information shall be in the following form:



3—Charges may be joined in one information

Charges for any offences may be joined in the same information if those charges are founded on the same facts or form, or are a part of, a series of offences of the same or a similar character.

4—Setting out of offences and counts in information

(1) A description of the offence charged in an information or, where more than one offence is charged in an information, of each offence so charged, shall be set out in the information in a separate paragraph, called a count.

(2) A count of an information shall commence with a statement of the offence charged, called the statement of offence.

(3) The statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence and, if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence and, if the penalty for the offence charged is fixed by statute, may contain a reference to the section of the statute fixing the penalty.

(4) After the statement of the offence, particulars thereof shall be set out in ordinary language in which the use of technical terms shall not be necessary: Provided that where any rule of law or any enactment limits the particulars of an offence which are required to be given in an information, nothing in this rule shall require any more particulars to be given than those so required.

(5) The forms set out in the appendix to these rules, or forms conforming thereto as nearly as may be, shall be used in cases to which they are applicable and in other cases forms to the like effect, or conforming thereto as nearly as may be, shall be used, the statement of offence and the particulars of offence being varied according to the circumstances in each case.

(6) Where an information contains more than one count, the counts shall be numbered consecutively.

5—Alternative offences may be stated in an information

(1) Where an enactment constituting an offence states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence.

(2) It shall not be necessary, in any count charging a statutory offence, to negative any exception or exemption from, or qualification of, the operation of the statute creating the offence.

6—Description of property in an information

(1) The description of property in a count in an information shall be in ordinary language and such as to indicate with reasonable clearness the property referred to and, if the property is so described, it shall not be necessary (except when required for the purpose of describing an offence depending on any special ownership of property or special value of property) to name the person to whom the property belongs or the value of the property.

(2) Where property is vested in more than one person and the owners of the property are referred to in an information, it shall be sufficient to describe the property as owned by one of those persons by name with others and, if the persons owning the property are a body of persons with a collective name, such as "Inhabitants", "Trustees", "Commissioners" or "Club", or other such name, it shall be sufficient to use the collective name without naming any individual.

7—Description of accused in an information

The description or designation in an information of the accused person, or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him, without necessarily stating his correct name, or his abode, style, degree or occupation; and if, owing to the name of the person not being known or for any other reason, it is impracticable to give such a description or designation, such description or designation shall be given as is reasonably practicable in the circumstances, or the person may be described as "a person unknown".

8—Description of document in an information

Where it is necessary to refer to any document or instrument in an information, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof, without setting out any copy thereof.

9—Description of sundry matters in an information

Subject to any other provisions of these rules, it shall be sufficient to describe any place, time, thing, matter, act or omission whatsoever to which it is necessary to refer in any information in ordinary language, in such a manner as to indicate with reasonable clearness the place, time, thing, matter, act or omission referred to.

10—Not necessary to state intent in an information in certain circumstances

It shall not be necessary, in stating any intent to defraud, deceive or injure, to state an intent to defraud, deceive or injure any particular person, where the statute creating the offence does not make an intent to defraud, deceive or injure a particular person an essential ingredient of the offence.

11—Statement of previous convictions in an information

Any charge of a previous conviction may be made either by a separate information or at the end of the information by means of a statement that the person accused has been previously convicted of that offence at a certain time and place without stating particulars of that offence.



Schedule 10



Schedule 11—Abolition of certain offences

1—Certain common law offences abolished

The following common law offences are abolished:

(1) compounding an offence; and

(2) misprision of felony; and

(3) maintenance, including champerty; and

(4) embracery; and

(5) interference with witnesses; and

(6) escape; and

(7) rescue; and

(8) bribery or corruption in relation to judges or judicial officers; and

(9) bribery or corruption in relation to public officers; and

(10) buying or selling of a public office; and

(11) obstructing the exercise of powers conferred by statute; and

(12) oppression by a public officer; and

(13) breach of trust or fraud by a public officer; and

(14) neglect of duty by a public officer; and

(15) refusal to serve in public office; and

(16) forcible entry and forcible detainer; and

(17) riot; and

(18) rout; and

(19) unlawful assembly; and

(20) affray; and

(21) challenges to fight; and

(22) public nuisance; and

(23) public mischief; and

(24) eavesdropping; and

(25) being a common barrator, a common scold or a common night walker; and

(26) criminal libel, including obscene or seditious libel; and

(27) publicly exposing one's person; and

(28) indecent exhibitions; and

(29) spreading infectious disease.

2—Certain offences under Imperial law abolished

An Act of the Imperial Parliament has no further force or effect in this State to the extent that it enacts an offence of a kind referred to in clause 1.

3—Special provisions relating to maintenance and champerty

(1) Liability in tort for conduct constituting maintenance or champerty at common law is abolished.

(2) The abolition of criminal and civil liability for maintenance and champerty does not affect—

(a) any civil cause of action accrued before the abolition;

(b) any rule of law relating to the avoidance of a champertous contract as being contrary to public policy or otherwise illegal;

(c) any rule of law relating to misconduct on the part of a legal practitioner who is party to or concerned in a champertous contract or arrangement.



Appendix 1

THE TREASON ACT 1351

The Act 25 Edward III Stat. 5, c 2: "A Declaration which Offences shall be adjudged Treason" reads as follows:




ITEM, Whereas divers Opinions have been before this Time in what Case Treason shall be said, and in what not; The King, at the Request of the Lords and of the Commons, hath made a Declaration in the Manner as hereafter followeth; that is to say, When a Man doth compass or imagine the Death of our Lord the King, or of our Lady his Queen, or of their eldest Son and Heir; or if a Man do violate the King's Companion, or the King's eldest Daughter unmarried, or the Wife of the King's Eldest Son and Heir; or if a Man do levy War against our Lord the King in his Realm, or be adherent to the King's Enemies in his Realm, giving to them Aid and Comfort, in the Realm, or elsewhere, and thereof be probably attainted of open Deed by the People of their Condition… And if a Man slea the Chancellor, Treasurer, or the King's Justices of the one Bench or the other, Justices in Eyre, or Justices of Assize and all other Justices assigned to hear and determine, being in their Places, doing their Offices. And it is to be understood, that in the Cases above rehearsed, that ought to be judged Treason which extends to our Lord the King, and his Royal Majesty: And of such Treason the Forfeiture of the Escheats pertaineth to our Sovereign Lord, as well of the Lands and Tenements holden of other, as of himself… And because that many other like Cases of Treason may happen in Time to come, which a Man cannot think nor declare at this present Time; it is accorded, That if any other Case, supposed Treason, which is not above specified, doth happen before any Justices, the Justices shall tarry without any going to Judgment of the Treason till the Cause be shewed and declared before the King and his Parliament, whether it ought to be judged Treason or other Felony. And, if percase any Man of this Realm, ride armed covertly or secretly, with Men of Arms against any other, to slay him, or rob him, or take him, or retain him till he hath made Fine or Ransom for to have his Deliverance, it is not the Mind of the King nor his Council, that in such Case it shall be judged Treason, but shall be judged Felony or Trespass, according to the Laws of the Land of old Time used, and according as the Case requireth. And if in such Case, or other like, before this Time any Justices have judged Treason, and for this Cause the Lands and Tenements have come into the King's Hands as Forfeit, the chief Lords of the Fee shall have the Escheats of the Tenements holden of them, whether that the same Tenements be in the King's Hands, or in others, by Gift or in other Manner; saving always to our Lord the King the year, and the Waste, and the Forfeitures of Chattles, which pertain to him in the Cases above named; and that the Writs of Scire facias be granted in such Case against the Land-Tenants without other original, and without allowing the Protection of our Lord the King, in the said Suit; and that of the Lands which be in the King's Hands, Writs be granted to the Sherrif of the Counties where the Lands be, to deliver them out of the King's Hands without Delay.

A Uxint pur ceo qe diverses opinions ount este einz ces heures qen cas quant il avient doit estre dit treson & en quel cas noun le Roi a la requeste des Seignurs & de la Communalte ad fait declarissement qe ensuit cest assavoir Quant homme fait compasser ou imaginer la mort nostre Seignur le Roi ma dame sa compaigne ou de lour fitz primer & heir ou si homme violast la compaigne le Roi ou leisnesce fill le Roi nient marie ou la compaigne leisne fitz & heir du Roi & si homme leve de guerre contre nostre dit Seignur le Roi en son Roialme ou soit aherdant as enemys nostre Seignur le Roi en le Roialme donant a eux eid ou confort en son Roialme ou par aillours & de ceo provablement soit atteint de overt faite par gentz de lour condition… & si homme tuast Chanceller Tresorer ou Justice nostre Seignur le Roi del un Baunk ou del autre Justice en Eir & des assises & toutes autres Justices assignez a oier & terminer esteiantz en lours places en fesantz lours offices. Et fait a entendre qen les cases suisnomez doit estre ajugge treson qe sestent a nostre Seignur le Roi & a sa roial majeste & de tiele manere de treson la forfeiture des eschetes appartient a nostre Seignur le Roi sibien des terres & tenemenz tenuz des autres come de lui meismes… Et pur ceo qe plusurs autres cases de semblable treson purront escheer en temps a venir queux homme ne purra penser ne declarer en present Assentu est qe si autre cas supposee treson qe nest especifie paramount aviegne de novel devant ascunes Justices demoerge la Justices saunz aler au juggement de treson tanqe par devant nostre Seignur le Roi en son parlement soit le cas monstree & desclarre le que ceo doit estre ajugge treson ou autre felonie. Et si par cas ascun homme de cest roialme chivache arme descovert ou secrement od gentz armees contre ascun autre pur lui tuer ou derober ou pur lui prendre & retenir tanqil face fyn ou raunceon pur sa deliverance avoir nest pas lentent du Roi & de son conseil qe en tiel cas soit ajugge treson einz soit ajugge felonie ou trespass solonc la lei de la terre auncienement usee & solonc ceo qe le cas demand. Et si en tieu cas ou autre semblable devant ces heures ascune Justice eit ajugge treson & par celle cause les terres & tenemenz soient devenuz en la main nostre Seignur le Roi come forfaitz eient les chiefs Seignures de fee lours eschetes des tenemenz de eux tenuz le quel qe les tenemenz soient en la main nostre Seignur le Roi ou en la main des autres par donn ou en autre manere Sauvant totefoitz a nostre Seignur le Roi lan & le wast & autres forfaitures des chateux qe a lui attenent en les cases suisnomes & qe briefs de Scire facias vers les terres tenantz soient grantez en tieu cas saunz autre originale & saunz allower la protection nostre Seignur le Roi en la dite seute & qe de les terres qe sont en la main le Roi soit grante brief as viscontes des countees la ou les terres serront de ostier la main le Roi saunz outre delaie.



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