40 Power to join in indictment count for common assault etc

40  Power to join in indictment count for common assault etc

(1)     A count charging a person with a summary offence to which this section applies may be included in an indictment if the charge—

(a)     is founded on the same facts or evidence as a count charging an indictable offence; or

(b)     is part of a series of offences of the same or similar character as an indictable offence which is also charged,

but only if (in either case) the facts or evidence relating to the offence . . . [are disclosed by material which, in pursuance

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