Gavin Howe
In the UK, an indictment is a formal accusation that an individual has committed a crime. It is issued by the public prosecutor, usually the Crown Prosecution Service, on behalf of the Crown. The indictment process is meticulous and thorough, and it is usually reserved for serious cases known as 'indictable offences', such as murder, rape, or large-scale fraud. The process begins with the prosecutor deciding to charge an individual based on the evidence they've compiled, after which the case is presented to a grand jury. The grand jury then examines the evidence and determines whether there is sufficient cause to issue an indictment. If an indictment is issued, the accused is arraigned, which means they are formally read the indictment in court and asked to enter a plea. The subsequent trial and verdict serve as the conclusive phases of the indictment process.
| Characteristics | Values |
|---|---|
| Definition | A formal accusation that a person has committed a crime |
| Jurisdiction | England and Wales |
| Issuing Body | Public prosecutor (Crown Prosecution Service) on behalf of the Crown |
| Court | Crown Court |
| Trial Type | Trial on indictment |
| Offence Type | Indictable offences or offences triable on indictment |
| Verdict Options | Guilty, not guilty, or alternative verdicts depending on the offence |
| Jury Involvement | Grand jury examines evidence and decides on the merit of the case |
| Arraignment | Accused is formally read the indictment in court and asked to enter a plea |
| Types | Sealed indictment, superseding indictment, speaking indictment |
| Requirements | Must be tried by a High Court judge, a circuit judge or a recorder |
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What You'll Learn
Indictment defined
In the UK, an indictment is a formal accusation that an individual has committed a criminal offence. It is issued by the public prosecutor, usually the Crown Prosecution Service, on behalf of the Crown. The indictment is a document that contains the formal charge or charges against a defendant facing trial in the Crown Court. Each charge on an indictment is known as a "count". Offences that can or must be tried in the Crown Court are known as "indictable offences" or "offences triable on indictment".
Indictments are usually reserved for serious cases, such as murder, rape, or large-scale fraud. The process begins with the prosecutor deciding to charge an individual based on the evidence they have compiled. Before the case is taken to court, it is presented to a grand jury, which examines the prosecution's evidence and deliberates over the merit of the case. The grand jury stage acts as a checkpoint, ensuring that no one is unduly indicted without sufficient evidence and safeguarding citizens against potential misuse of law enforcement power.
If the grand jury finds sufficient cause, they issue a "True Bill" or indictment. After the indictment is issued, the accused is arraigned, which means they are formally read the indictment in court and asked to enter a plea. The subsequent trial and verdict serve as the conclusive phases of the indictment process.
The form and content of an indictment are governed by Rule 14 of the CPR 2012, with additional guidance contained in the Consolidated Criminal Practice Direction Part IV.34. The preparation of the draft indictment is the responsibility of the reviewing lawyer, who builds the indictment following a careful review of the evidence after the charge.
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Issuing an indictment
An indictment is a formal accusation that an individual has committed a crime. In the UK, indictments are reserved for serious cases, known as 'indictable offences', such as murder, rape, or large-scale fraud. These are distinct from 'summary offences', which are less serious and are usually tried by magistrates.
The indictment process in the UK is meticulous and thorough to ensure the accused receives a fair trial. The process begins with the prosecutor deciding to charge an individual based on the evidence they have compiled. However, before the case is taken to court, it is presented to a grand jury. The grand jury stage is perhaps the most critical in the indictment process, as it acts as a checkpoint to ensure that no one is unduly indicted without sufficient evidence, safeguarding citizens against potential abuses of law enforcement power. If the grand jury decides that the evidence is insufficient, they can issue a 'No-Bill', and the case will not proceed to trial. If they decide that the evidence is sufficient, they can issue a 'True Bill', and the indictment will be issued.
In England and Wales, an indictment is issued by the public prosecutor (usually the Crown Prosecution Service) on behalf of the Crown, which is the nominal plaintiff in all public prosecutions under English law. All proceedings on indictment must be brought before the Crown Court, and the indictment must be tried by a High Court judge, a circuit judge, or a recorder, depending on the offence.
The indictment itself is a document that contains the formal charge or charges against a defendant facing trial in the Crown Court. Each charge on an indictment is known as a 'count', and each count contains the 'Statement of the Offence' (the name of the offence) and the 'Particulars of the Offence', which specify the name of the defendant, the date of the offence, and a brief description of what is alleged. The indictment should be created using the Compass Case Management System, which contains count precedent codes for most offences.
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Indictment process
An indictment is a formal accusation that an individual has committed a crime. In the UK, indictments only exist in the Crown Court and are issued by the public prosecutor, usually the Crown Prosecution Service, on behalf of the Crown. Offences that can or must be tried in the Crown Court are known as 'indictable offences' or 'offences triable on indictment'.
The indictment is a document that contains the formal charge or charges against a defendant facing trial in the Crown Court. Each charge on an indictment is known as a 'count' and contains the 'statement of the offence', including the name of the offence, and the 'particulars of the offence', including the name of the defendant, the date of the offence, and a brief description of what is alleged.
The indictment is drafted by a reviewing lawyer, following a careful review of the evidence after the charge. In complex or sensitive cases, counsel may assist in drafting the indictment. The indictment should normally be created using the Compass Case Management System, which contains count precedent codes for most offences.
The indictment must be tried by a High Court judge, a circuit judge, or a recorder, depending on the offence. In England and Wales, there is no longer any requirement for the draft to be signed by the 'proper officer' of the court to convert it into the indictment. However, any paper copy made for the court must be endorsed with a note and date to identify it as a copy of the indictment.
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Verdicts and sentencing
In the UK, indictments are usually reserved for serious cases, known as 'indictable offences'. These include offences such as murder, rape, and large-scale fraud, which carry maximum sentences of life imprisonment. Other indictable offences include possession of a firearm or imitation firearm with intent to cause fear or violence, which carries a maximum sentence of 10 years' imprisonment.
The Crown Court can hand down longer sentences and stricter punishments than the Magistrates Court, which can only impose bans, fines, community sentences, and up to six months in prison for a single offence (or up to 12 months in total for multiple offences).
After the indictment is issued, the accused is arraigned, formally read the indictment in court, and asked to enter a plea. If the accused pleads not guilty to the offence(s) in the indictment but guilty to a lesser offence, and is convicted on that plea, their conviction for the lesser offence will stand, and they will be acquitted of the more serious charge(s) in the indictment.
The subsequent trial and verdict serve as the conclusive phases of the indictment process. If the case is heard in the Crown Court, a jury will decide whether the defendant is guilty, and the judge will impose any sentence.
In some cases, severance may be ordered, where separate trials are held for counts joined in an indictment to prevent prejudice to the defendant's defence.
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Federal indictments
An indictment is a formal accusation that a person has committed a crime. In the UK, the term 'federal indictment' is not commonly used, but it can be relevant in large-scale crimes with international implications. A federal indictment in UK law refers to serious charges that involve jurisdictions across multiple territories or countries. This includes offences such as international terrorism, large-scale fraud, and cybercrimes that cross borders.
The concept of a federal indictment is specific to cases involving federal jurisdictions or crimes of a grand scale with cross-country implications. It usually pertains to offences that fall under the purview of federal law jurisdictions. A federal indictment implies a formal accusation that initiates a legal trial. However, these cases can be more complex due to their scale, the number of involved parties, and the different jurisdictions they touch.
The indictment process in the UK typically involves the following steps: initial investigation, charge decision, submission to a grand jury, grand jury review, issuing of the indictment, and trial. A grand jury is responsible for reviewing the evidence and returning an indictment if there is probable cause to believe that a crime has been committed. The Fifth Amendment of the US Constitution also states that no person shall be held to answer for a capital or otherwise infamous crime unless indicted by a grand jury, except in specific cases.
The indictment itself is a document that contains the formal charge or charges against a defendant facing trial. Each charge listed in the indictment is known as a count. The indictment specifies the nature and scope of the alleged criminal activities, including how the defendant allegedly committed the crime, referring to the exact provisions of the law that have been violated. This provides legal transparency and is accessible to both the accused and the public.
Upon indictment, the defendant may be arrested and is required to appear in court for their arraignment, which is the formal reading of the offence. It is crucial to understand that an indictment is not a conviction, but it marks the beginning of a potentially serious legal battle. The accused has the right to a fair trial, legal representation, a clear statement of charges and evidence, and the chance to confront witnesses and dispute the charges.
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Frequently asked questions
An indictment is a formal accusation that an individual has committed a crime.
An indictment contains the formal charge or charges against a defendant facing trial in the Crown Court. Each charge is known as a count.
An indictment includes a statement of the specific offence or offences, along with particulars such as the name of the defendant, the date of the offence, and a brief description of the alleged acts.
In England and Wales, an indictment is typically issued by the public prosecutor, often the Crown Prosecution Service, on behalf of the Crown.
