Criminal Code (Informations) Act 1920

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AT 1 of 1920

CRIMINAL CODE (INFORMATIONS) ACT

1920

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CRIMINAL CODE (INFORMATIONS) ACT 1920

Index Section Page

SCHEDULE 1 5

RULES 5
ENDNOTES 17

TABLE OF LEGISLATION HISTORY 17
TABLE OF RENUMBERED PROVISIONS 17
TABLE OF ENDNOTE REFERENCES 17

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c i e
CRIMINAL CODE (INFORMATIONS) ACT 1920

Received Royal Assent: 3 December 1920
Passed: 21 December 1920
Commenced: 21 December 1920
AN ACT
[concerning rules for informations.]

[Rules in Sch 1 reproduced below saved by Sch 2 (transitional provisions) to the
Criminal Jurisdiction Act 1993 notwithstanding the repeal of the 1920 Act by Sch 4 to
the 1993 Act.
EDITORIAL NOTE: Not all of the offences, for which specimen counts are included in
the Appendix, continue to exist (e.g. handling stolen goods which will now fall to be
charged under section 24 of the Theft Act 1981]
SCHEDULE 1

RULES

1 Material, etc., for informations

(1) An information may be on parchment or durable paper, measuring
thirteen inches by eight inches, or thereabouts, and may be either written or printed, or
partly written and partly printed or type-written.
(2) A proper margin shall be kept on the left-hand side of each sheet.
(3) Figures and abbreviations may be used in an information for expressing
anything which is commonly expressed thereby.
(4) An information shall not be open to objection by reason only of any
failure to comply with this rule.
2 Commencement of the information

The commencement of the information shall be in the following form: —
The Attorney-General v. A.B.
(On behalf of the King).
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COURT OF TRIAL.
INFORMATION.
A.B. is charged with the following offence (offences): —
3 Joining of charges in one information

Charges for any offences, whether felonies or misdemeanours, may be joined in the
same information if those charges are founded on the same facts, or form or are part of
a series of offences of the same or a similar character.
4 Mode in which offences are to be charged

(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.
(4) After the statement of the offence, particulars of such offence 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 statute 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 Provisions as to statutory offences

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

(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 persons

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 such person may be described as ‘a person unknown.’
8 Description of document

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 General rule as to description

Subject to any other provisions of these rules, it shall be sufficient to describe any place,
time, thing, matter, act, or information, in ordinary language in such manner as to
indicate with reasonable clearness the place, time, thing, matter, act or omission
referred to.
10 Statement of intent

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
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offence does not make an intent to defraud, deceive or injure a particular person an
essential ingredient of the offence.
11 Charges of previous convictions, etc.

Any charge of a previous conviction of an offence or of being a habitual criminal or a
habitual drunkard shall be charged at the end of the information by means of a
statement- in the case of a previous conviction that the person accused has been
previously convicted of that offence at a certain time and place without stating the
particulars of the offence, and in the case of a habitual criminal or habitual drunkard,
that the offender is a habitual criminal or a habitual drunkard, as the case may be.
12 Saving for s 33(4) of Children Act, 1910

Nothing in these rules or in any rules made under section two of this Act shall affect
the provisions of subsection 4 of section 33 of the Children Act, 1910.
13 Duty to furnish copy of indictment

It shall be the duty of the chief clerk at the Rolls Office, after an information has been
filed, to supply to the accused person, on request, a copy of the information free of
charge.
14 Short title

These rules may be cited as ‘ the Information rules, 1920,’ and these rules, together
with any rules made under section 2 of this Act, may be cited together by such
collective title as may be prescribed by the last-mentioned rules.
APPENDIX TO RULES.
FORMS OF INFORMATION.
1.
STATEMENT OF OFFENCE.
Murder.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , murdered J.S.
2.
STATEMENT OF OFFENCE.
Accessory after the fact to murder.
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PARTICULARS OF OFFENCE.
A.B., well knowing that one, H.C., did on the day of
in the Sheading of murder C.C., did
on the day of in the Sheading of
and on other days thereafter receive, comfort, harbour, assist and maintain the said
H.C.
3.
STATEMENT OF OFFENCE.
Manslaughter.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , unlawfully killed, J.S.
4.
STATEMENT OF OFFENCE.
Rape.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , had carnal knowledge of E.F. without her consent.
5.
STATEMENT OF OFFENCE.
First Count.
Wounding with intent, contrary to section 33 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , wounded C.D., with intent to do him grievous
bodily harm, or to maim, disfigure, or disable him, or to resist the lawful apprehension
of him the said A.B.
STATEMENT OF OFFENCE.
Second Count.
Wounding, contrary to section 35 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
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of , maliciously wounded C.D.
6.
STATEMENT OF OFFENCE.
Cruelty to a child, contrary to section 15 of the Children Act, 1910.
PARTICULARS OF OFFENCE.
A.B., between the day of and the
day of , in the Sheading of , being
a person over the age of sixteen years having the custody, charge, or care of C.D., a
child, ill-treated or neglected the said child, or caused or procured the said child to be
ill-treated or neglected in a manner likely to cause the said child unnecessary suffering
or injury to its health.
7.
STATEMENT OF OFFENCE
Larceny, contrary to section 197 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , being clerk or servant to M.N., stole from
the said M.N. ten yards of cloth.
8.
STATEMENT OF OFFENCE.
Robbery with violence, contrary to section 168 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , robbed C.D. of a watch, and at the time of
or immediately before or immediately after such robbery did use personal violence to
the said C.D.
9.
STATEMENT OF OFFENCE.
First Count.
Larceny after a previous conviction.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
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of , stole a bag, the property of C.D.
A.B. has been previously convicted of burglary on the
day of , at the Court of General Gaol Delivery.
STATEMENT OF OFFENCE.
Second Count.
Receiving stolen goods, contrary to section 227 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , , did receive a bag, the property of C.D.,
knowing the same to have been stolen.
10.
STATEMENT OF OFFENCE.
Burglary and larceny, contrary to section 179 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., in the night of the day of
in the Sheading of , did break and enter the
dwelling-house of C.D. with intent to steal therein, and did steal therein one watch, the
property of S.T., the said watch being of the value of ten pounds.
11.
STATEMENT OF OFFENCE.
Sending threatening letter, contrary to section 171 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , sent, delivered or uttered to or caused to be
received by C.D., a letter accusing or threatening to accuse the said C.D. of an infamous
crime with intent to extort money from the said C.D.
12.
STATEMENT OF OFFENCE.
Obtaining goods by false pretences, contrary to section 224 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , with intent to defraud, obtained from S.P.
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five yards of cloth by falsely pretending that he, the said A.B., was a servant to J.S., and
that he, the said A.B., had been sent by the said J.S., to S.P. for the said cloth, and that
he, the said A.B., was then authorised by the said J.S. to receive the said cloth on behalf
of the said J.S.
13.
STATEMENT OF OFFENCE.
Conspiracy to defraud.
PARTICULARS OF OFFENCE.
A.B. and C.D. on the day of and on
divers days between that day and the day of ,
in the Sheading of , conspired together with
intent to defraud by means of an advertisement inserted by them, the said A.B. and
C.D., in the H.S. newspaper, falsely representing that A.B. and C.D. were then carrying
on a genuine business as jewellers at in the town of
and that they were then able to supply certain articles of jewellery to whomsoever
would remit to them the sum of two pounds.
14.
STATEMENT OF OFFENCE.
First Count.
Arson, contrary to section 85 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of in the Sheading
of , maliciously set fire to a dwelling-house,
one F.G. being therein.
STATEMENT OF OFFENCE.
Second Count.
Arson, contrary to section 86 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , maliciously set fire to a house with intent to
injure or defraud.
15.
STATEMENT OF OFFENCES.
A.B., arson, contrary to section 86 of the Criminal Code 1872.
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C.D., accessory before the fact to same offence.
PARTICULARS OF OFFENCES.
A.B., on the day of , in the
Sheading
of , set fire to a house with intent to injure or
defraud.
C.D., on the same day, in the parish of
did counsel, procure, and command the said A.B. to commit the said offence.
16.
STATEMENT OF OFFENCE.
First Count. Offences under section 116 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , displaced a sleeper belonging to the
Foxdale Railway Company with intent to obstruct, upset, overthrow, injure, or destroy
any engine, tender, carriage or truck using the said railway.
STATEMENT OF OFFENCE.
Second Count.
Obstructing railway, contrary to section 119 of the Criminal Code, 1872
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of by unlawfully displacing a sleeper belonging
to the Foxdale Railway Company did obstruct or cause to be obstructed an engine or
carriage using the said railway.
17.
STATEMENT OF OFFENCE.
Damaging trees, contrary to section 105 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of in the Sheading
of , maliciously damaged an oak tree
there growing.
A.B. has been twice previously convicted of an offence under
section of the Act, , namely, at ,
on the day of , and at
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on the day of .
18.
STATEMENT OF OFFENCE.
First Count.
Forgery, contrary to section 261 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of, , with intent to defraud, forged a certain will purporting
to be the will of C.D.
STATEMENT OF OFFENCE.
Second Count.
Uttering forged document, contrary to section 261 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , uttered a certain forged will purporting
to be the will of C.D., knowing the same to be forged and with intent to defraud.
19.
STATEMENT OF OFFENCE.
Uttering counterfeit coin, contrary to section 295 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , at the public-house
called ‘The Red Lion’, in the Sheading of
uttered a counterfeit half-crown, knowing the same to be counterfeit.
20.
STATEMENT OF OFFENCE
Uttering counterfeit coin, contrary to section 296 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , at the public-house
called ‘The Red Lion’, in the Sheading of
uttered a counterfeit sovereign, knowing the same to be counterfeit.
A.B. has been previously convicted of a misdemeanour under
section of the , on the day
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of at .
21.
STATEMENT OF OFFENCES.
Perjury, contrary to section 325 of the Criminal Code, 1872.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , being a witness upon the trial of an action in
the Chancery Division of the High Court of Justice, in which
one, was plaintiff, and one,
was defendant, knowingly falsely swore that he saw one, M.N., in the street called the
Strand Street, Douglas, on the day of
22.
STATEMENT OF OFFENCE.
Libel.
PARTICULARS OF OFFENCE.
A.B., on the day of , in the Sheading
of , published a defamatory libel concerning
E.F., in the form of a letter [book, pamphlet, picture, or as the case may be].
[Innuendo should be stated where necessary.]
23.
STATEMENT OF OFFENCE.
First Count.
Publishing obscene libel.
PARTICULARS OF OFFENCE.
E.M., on the day of , in the Sheading
of , sold, uttered, and published and caused or procured
to be sold, uttered, and published an obscene libel the particulars of which are
deposited with this information.
[Particulars to specify pages and lines complained of where necessary, as in a book.
STATEMENT OF OFFENCE.
Second Count.
Procuring obscene libel [or thing] with intent to sell or publish.
PARTICULARS OF OFFENCE.
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E.M., on the day of , in the Sheading
of , procured an obscene libel [or thing], the
particulars of which are deposited with this information, with intent to sell, utter or
publish such obscene libel [or thing].
24.
STATEMENT OF OFFENCES.
A.B., undischarged bankrupt obtaining credit contrary to section 87 of the Bankruptcy
Code, 1892;
C.D., being accessory to same offence.
PARTICULARS OF OFFENCES.
A.B., on the day of , in the Sheading
of , being an undischarged bankrupt obtained credit to the extent of
twelve pounds from H.S. without informing the said H.S. that he then was an
undischarged bankrupt.
C.D. at the same time and place did aid, abet, counsel, and procure A.B. to commit the
said offence.
25.
STATEMENT OF OFFENCE
First Count.
Fraudulent conversion of property, contrary to section 3 of Criminal Code Amendment
Act, 1914.
PARTICULARS OF OFFENCE
A.B., on the day of , in the Sheading
of , fraudulenty converted to his own use and benefit certain property,
that is to say, £100 entrusted to him by H.S., in order that he, the said A.B., might retain
the same in safe custody.
STATEMENT OF OFFENCE
Second Count.
Fraudulent conversion of property, contrary to section 3 of Criminal Code Amendment
Act, 1914.
PARTICULARS OF OFFENCE
A.B., on the day of in the Sheading
of , fraudulently converted to his own use and benefit certain property,
that is to say, the sum of £200 received by him for and on account of L.M.

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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References