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Criminal Procedure Act 2009
5Joinder of charges
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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.
Sch. 1 cl. 5(3) inserted by No. 74/2014 s. 14.
(3) A charge-sheet or indictment may contain, as an alternative charge to a course of conduct charge, a charge of a relevant offence of the kind covered by the course of conduct charge and alleged to have been committed within the period to which the course of conduct charge relates.
Sch. 1 cl. 5(4) inserted by No. 74/2014 s. 14.
(4) In the circumstances set out in subclause (3), for the purposes of section 220 an acquittal on the course of conduct charge does not constitute a previous acquittal in relation to the alternative charge.
Sch. 1 cl. 5(5) inserted by No. 74/2014 s. 14, amended by No. 38/2022 s. 81.
(5) A charge-sheet or indictment must not contain both a course of conduct charge and a charge for an offence against section 49J of the **Crimes Act 1958**.
Sch. 1 cl. 5(6) inserted by No. 74/2014 s. 14.
(6) In this clause, ***course of conduct charge*** has the same meaning as in clause 4A.
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.