NEW 13 OCTOBER 2008

2.3A   SPECIMEN CHARGES.

A.   Where the specimen is a separately identifiable offence (see Note 1)

Count... is a specimen Count. The prosecution allege that D also committed [numerous/state number] other offences of the same kind. Instead of loading up the Indictment with Counts charging many offences, they have selected one as an example, as they are entitled to do. However, you may convict D only if you are satisfied beyond reasonable doubt that he committed the particular offence charged in the Count..., whether or not you are satisfied beyond reasonable doubt that he also committed other such offences.

B.   When the specimen is not a separately identifiable offence (see Note 2)

Count... is a specimen Count. The prosecution allege that, during the period referred to in that Count, D committed [numerous/state number] other offences of the same kind. Instead of loading up the Indictment with Counts charging many offences, they have selected one as an example, as they are entitled to do. To convict D you must be satisfied beyond reasonable doubt that he committed one such offence during the period concerned, whether or not you are satisfied beyond reasonable doubt that he also committed other such offences.

NOTE.

  1. An example would be a Count of obtaining social security benefits by deception a specific sum of money on a specific day, evidence being adduced of a pattern of other such offences.
  2. An example would be a Count of indecent assault on a child who claims to have been abused in the same way on many occasions, but cannot say precisely when or how often.
  3. These directions will, of course, need adapting when there is more than one specimen Count.

ARCHBOLD 2010: 1-131 to 132.

BLACKSTONE 2010: D 11.33 to 35.