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Voluntary Bill of indictment

An Indictment may, exceptionally, be preferred (ie served on a Crown Court) by the direction or with the consent of a High Court judge under the Administration of Justice (Miscellaneous Provisions) Act 1933 (AJ(MP)A 1933). This is also known as a 'voluntary bill'. These are rare because a voluntary bill can only be preferred in certain limited circumstances:

1. •

   if the bill is preferred by the direction of the Court of Criminal Appeal or by the direction or with the consent of a judge of the High Court

2. •

   with the consent of a judge of the Crown Court following a declaration by the court under paragraph 8(1) of Schedule 17 to the Crime and Courts Act 2013 (CCA 2013) (court approval of deferred prosecution agreement)

3. •

   if the charge, or any of the charges, against the applicant is dismissed and

   1. â—¦

      no further proceedings may be brought on the dismissed charge or charges, except by means of the preferment of a voluntary bill, and

   2. â—¦

      unless the applicant is in custody otherwise than on