The Requirement for “Particulars” in Criminal Law Cases in the ACT

One of the hallmarks of Australian criminal law is the right of every person to due process, procedural fairness, and the right to understand the case being brought against them. Any individual accused of an unlawful act has the right to know the details that lay the foundation for the charge. Details of the alleged offence—the time and place it happened, along with the manner the act was carried out—must be provided to the person accused.

The prosecution must furnish the accused with an indictment that identifies the alleged offence, including the way the individual is said to have committed the crime. However, the prosecutor is not required to frame the charge in highly specific terms.

What it boils down to is the prosecution is obliged to allow the accused person to understand the case they are being asked to meet. The degree to which particulars of the allegations are adequate or inadequate will depend on a case by case basis.



In this article, we discuss particulars in a criminal law proceeding and why they are an often overlooked aspect of criminal defence representation.

Errors in the numbering on an indictment will not necessarily result in the miscarriage of justice. However, a mistake in the section number can be significant if it creates ambiguity about which offence the accused allegedly committed. If the section number and the description of the crime do not match, the court may resolve this by ordering an amendment of the charge sheet.



Also, the prosecution must specify the time and date that the alleged offence happened, when available. The date the act was said to have been committed may sometimes be an element of the offence. 

If not stated in exact terms, the prosecution can allege that the act happened between specific dates. Should the evidence prove that the accused committed the offence but outside the dates specified, it is possible he may still be convicted.

Generally, the date of an offence is an essential element when the passing of time takes away the liability of the accused. Statutes of limitations and amendment to relevant laws are factors affected by the date of the alleged crime.

Another example of a case where the date matters are ones in which the complainant’s age is an element. The date also matters if it creates an alibi for the defendant.

Conclusion

Both parties have the right to a detailed picture of the particulars of a case. Having this on the indictment helps the defendant build a clear case for himself and guides the jury in reaching a clear decision.

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