Section 193-215 Administration of Criminal Justice Act 2015 NG

Section 193-215 of the Administration of Criminal Justice Act 2015

Section 193 to 215 of the Administration of Criminal Justice Act 2015 is under PART 21 (THE CHARGE) of the Act.

Section 193 Administration of Criminal Justice Act 2015

Form of charges in Second Schedule to be used and adapted

A charge may be as in the forms set out in the Second Schedule of this Act, with such modification as may be necessary in the circumstances of each case.

Section 194 Administration of Criminal Justice Act 2015

Offence to be stated in charge

(1) A charge shall state the offence with which the defendant is charged.
(2) Where the law creating the offence:
(a) gives it a specific name the offence shall be described in the charge by that name only; and

(b) does not give it a specific name, so much of the definition of the offence shall be stated as to give the defendant notice of the facts of the offence with which he is charged.

(3) The law, the section of the law and the punishment section of the written against which the offence is said to have been committed shall be set out in the charge.

Section 195 Administration of Criminal Justice Act 2015

Legal presumption of charge

The fact that a charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

Section 196 Administration of Criminal Justice Act 2015

Particulars in charge

(1) The charge shall contain such particulars as to the time and place of the alleged offence and the defendant, if any, against whom or the thing, if any, in respect of which it was committed as are reasonably sufficient to give the defendant notice of the matter with which he is charged.

(2) A charge sheet shall be filed with the photograph of the defendant and his finger print impression provided that where the photograph and finger print impression are not available, it shall not invalidate the charge.

SEE ALSO  Section 80-85 Administration of Criminal Justice Act 2015 NG

Section 197 Administration of Criminal Justice Act 2015

Charge of criminal breach of trust

Where a defendant is charged with criminal breach of trust or fraudulent appropriation of property, it is sufficient to specify the gross sum in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of a single offence.

Section 198 Administration of Criminal Justice Act 2015

Charge of criminal falsification of accounts

When a defendant is charged with falsification of accounts, fraudulent falsification of accounts or fraudulent conversion it shall be sufficient to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud or any particular day on which the offence was committed.

Section 199 Administration of Criminal Justice Act 2015

Charge may contain the manner in which the offence was committed

Where the nature of the offence is such that the particulars required by sections 194 and 196 of this Act do not give the defendant sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the offence was committed as will be sufficient for that purpose.

Section 200 Administration of Criminal Justice Act 2015

Sense of words used in charge

(1) In a charge, words used in describing an offence are deemed to have been used in the sense attached to them, respectively, in the law creating the offence.
(2) Figures, expressions and abbreviation may be used for expressing anything which is commonly expressed by those figures, expression or abbreviation.

Section 201 Administration of Criminal Justice Act 2015

Description of property and joint owners

(1) The description of property in a charge shall be in ordinary language indicating with reasonable clearness the property referred to and if the property is so described it is not 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 that property are referred to in the charge, the property may be described as being owned in accordance with the appropriate provision set out in section 189 of this Act.

(3) Where the owner of any property is a company, association, club or society, proof of the registration of the company, association, club or society shall not be required unless the court decides that proof shall be given, in which case, the further hearing may be adjourned for the purpose or the court may, in its discretion, amend the proceedings by substituting the name of some person or persons for the registered title.

Section 202 Administration of Criminal Justice Act 2015

Description of bank or currency notes

(1) Any bank or currency note may be described as money, and any averment as to money, regarding the description of the property, shall be sustained by proof of any amount of coin or of any bank or currency note, although the particular species of coin of which the amount was composed or the particular nature of the bank or currency note need not be proved.

(2) In a case of stealing and defrauding by false pretences, the coin or the bank or currency note may be described by proof that the defendant dishonestly appropriated or obtained any coin or any bank or currency note, or any portion of its value, although the coin or the bank or currency note may have been delivered to him in order that some part of its value should be returned to the party delivering it or to any other person, and that part should have been returned accordingly.

SEE ALSO  Section 109-111 Administration of Criminal Justice Act 2015 NG

Section 203 Administration of Criminal Justice Act 2015

Provision as to statutory offences

(1) Where a law constituting an offence states the offence to be the omission to do any one of different acts in the alternative, or the doing or the omission to do any act in any one of the different capacities, or with any one of the different intentions, or states any part of the offence in the alternative, the act, omission, capacity, or intention, or other matter stated in the alternative in the law, may be stated in the alternative in the charge.

(2) It shall not be necessary in any charge where the offence is one constituted by a law to negate any exception or exemption from or qualification to the operation of the law creating the offence.

Section 204 Administration of Criminal Justice Act 2015

Description of persons

The description or designation of the defendant in a charge or of any other person to whom reference is made therein may be in the manner set out in section 190 of this Act.

Section 205 Administration of Criminal Justice Act 2015

Description of document

Where it is necessary to refer to a document or an instrument in a charge, it is sufficient to describe it by any name or designation by which it is commonly known, or by the purport of the document without setting out the content or attaching a copy of such document to the charge.

Section 206 Administration of Criminal Justice Act 2015

General rule as to description

Subject to any other provisions of this Act, it is sufficient to describe any place, time, thing, matter, act, or omission whatever to which it is necessary to refer in a charge in ordinary language in such a manner as to indicate with reasonable clarity the place, time, thing, matter, act or omission referred to.

Section 207 Administration of Criminal Justice Act 2015

Statement of intent

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

Section 208 Administration of Criminal Justice Act 2015

Defendants who may be charged jointly

The following defendants may be charged and tried together, defendant accused of:
(a) the same offence committed in the course of the same transaction;

(b) an offence and another of abetting or being accessory to or attempting to commit the same offence;

(c) more than one offence of the same or similar character, committed by them jointly;

(d) different offences committed in the course of the same transaction;

(e) offences which include theft, extortion or criminal misappropriation and another accused of receiving or retaining or assisting in the disposal or concealment of property, the possession of which has been transferred by offences committed by the first named persons, or of abetment of or attempting to commit any of the last named offences;

(f) dishonestly receiving stolen property and or assisting in concealment of stolen property, or in respect of stolen property the possession of which has been transferred by one offence; and another accused of offences committed during a fight or series of fights arising out of another fight, and persons accused of abetting any of these offences.

Section 209 Administration of Criminal Justice Act 2015

Separate charges for distinct offences

For every distinct offence with which a defendant is accused, there shall be a separate charge and every charge shall be tried separately except in the following circumstances:
(a) any three offences committed by a defendant within 12 months whether or not they are of the same or similar character or whether or not they are in respect of the same person or persons; or

SEE ALSO  Section 477-484 Administration of Criminal Justice Act 2015 NG

(b) any number of the same type of offence committed by a defendant; or

(c) any number of offence committed by a defendant in the course of the same transaction having regard to the proximity of the time and place, continuity of action and community of purpose; or

(d) cases mentioned in sections 210 to 215 of this Act.

Section 210 Administration of Criminal Justice Act 2015

Attempt same as substantive offences

An offence is deemed to be an offence of the same kind as an attempt to commit that offence where the attempt is itself an offence.

Section 211 Administration of Criminal Justice Act 2015

Trial for more than one offence

Where in one series of acts or omissions so connected together as to form the same transaction or which form or are part of a series of offences of the same or a similar character, more offences than one are committed by the same defendant, charges for the offences may be joined and the defendant accused tried for the offences at one trial.

Section 212 Administration of Criminal Justice Act 2015

Offences falling within two definitions

Where the acts or omissions alleged constitute an offence falling within two or more separate definitions in any law for the time being in force under which offences are defined or punished, the defendant accused of them may be charged with and tried at one trial for each of those offences.

Section 213 Administration of Criminal Justice Act 2015

Acts constituting one offence but constituting a different offence when combined

Where several acts or omissions, of which one or more than one would by itself or themselves constitute an offence, constituted when combined with a different offence, the defendant accused of them may be charged with and tried at one trial for the offence constituted by those acts or omission when combined or for any offence constituted by any one or more of those acts.

Section 214 Administration of Criminal Justice Act 2015

Where it is doubtful which offence has been committed

Where a single act or omission or series of acts or omissions is of such a nature that it is doubtful which of several offences, the facts of which can be proved, will constitute the offence with which the defendant may be charged with having committed all or any of those offences and any number of those charges may be tried at once or he may be charged in the alternative with having committed any of those offences.

Section 215 Administration of Criminal Justice Act 2015

Incidental offences in the same transaction

Where in a single act or omission the fact or combination of facts constitutes more than one offence, the defendant may be charged and tried at one trial for one or more of those offences.

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Inioluwa Olaposi

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