R v Gadd

Criminal Law – Voluntary bill. The prosecution applied for leave to prefer a voluntary bill of indictment, pursuant to s 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933, against a defendant, also known as Gary Glitter. The defendant objected to the addition of two counts which were founded on facts that were the substance of a charge of indecent assault, in respect of which a magistrate had previously ordered a stay; a decision that had been upheld by the Divisional Court. The Queen's Bench Division, allowing the application, held that the facts had not justified a stay. The defendant was able to have a fair trial and there was jurisdiction to prefer the voluntary bill of indictment.

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