Ajay Kumar at 07:48, 12 August 2023

2023-08-12T07:48:00Z

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{{Short description|Formal accusation that an individual has committed a criminal act}}
{{distinguish|indiction}}
{{Globalize|date=January 2022}}
An '''indictment''' ({{IPAc-en|ɪ|n|ˈ|d|aɪ|t|m|ə|n|t}}<ref>{{cite Dictionary.com |indictment |access-date=10 August 2019}} ''Press'' SHOW IPA ''button''.</ref> {{respell|in|DYTE|mənt}}) is a formal accusation that a [[legal person|person]] has committed a [[crime]]. In [[jurisdiction]]s that use the concept of [[felony|felonies]], the most serious [[criminal offense]] is a felony; jurisdictions that do not use the felonies concept often use that of an [[indictable offense]], an offense that requires an indictment.

==Australia==
[[Section 80 of the Constitution of Australia]] provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The [[High Court of Australia]] has consistently used a narrow interpretation of this clause, allowing the [[Parliament of Australia]] to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''[[Crimes Act 1914]]'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears".<ref>{{cite news|url=https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9697/97rp11|title=Trial by Jury|work=Research Papers 1996-97|first=Graham|last=Fricke|number=11|publisher=Australian Parliamentary Library|accessdate=7 January 2022}}</ref>

==Canada==
A direct indictment is one in which the case is sent directly to trial before a [[Preliminary hearing#Canada|preliminary inquiry]] is completed or when the accused has been discharged by a preliminary inquiry.<ref>{{cite web|url=http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l_XIX_1::bo-ga:l_XX//en?page=13&isPrinting=false#codese:577|title=Criminal Code, Revised Statutes of Canada 1985, c. C-46, Section 577|date=2008-10-09|publisher=Department of Justice, Canada|access-date=2008-10-29|archive-date=2011-06-05|archive-url=https://web.archive.org/web/20110605052630/http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l_XIX_1::bo-ga:l_XX//en?page=13&isPrinting=false#codese:577|url-status=dead}}</ref><ref>{{cite web|url=http://www.attorneygeneral.jus.gov.on.ca/english/crim/cpm/2005/DirectIndictment.pdf|title=Direct Indictments|date=2005-03-21|work=Crown Policy Manual|publisher=Province of Ontario, Ministry of Attorney General|access-date=2008-10-29}}</ref> It is meant to be an extraordinary, rarely used power to ensure that those who should be brought to trial are in a timely manner or where an error of judgment is seen to have been made in the preliminary inquiry.<ref>{{cite web|url=http://www.justice.gc.ca/eng/dept-min/pub/fps-sfp/fpd/ch17.html|archive-url=https://web.archive.org/web/20081220062444/http://www.justice.gc.ca/eng/dept-min/pub/fps-sfp/fpd/ch17.html|url-status=dead|archive-date=2008-12-20|title=Direct Indictments|date=2008-04-04|work=The Federal Prosecution Service Deskbook|publisher=Department of Justice, Canada|access-date=2008-10-29}}</ref> In the aftermath of the [[R v Jordan (2016)|2016 Jordan decision]], in which the [[Supreme Court of Canada]] imposed time limits on the Crown to bring criminal cases to trial, the Crown has started to use the procedure more frequently.<ref>{{cite news |first=Alyshah |last=Hasham |url=https://www.thestar.com/news/crime/2016/10/16/courts-scramble-under-new-rules-on-trial-delays.html |title=Courts scramble under new rules on trial delays|date=October 16, 2016 |publisher=[[Toronto Star]] }}</ref>

== United Kingdom ==
=== England and Wales ===
In [[England and Wales]] (except in [[private prosecution]]s by individuals) an indictment is issued by the public prosecutor (in most cases this will be the [[Crown Prosecution Service]]) on behalf of the [[The Crown|Crown]], which is the nominal [[plaintiff]] in all public prosecutions under [[English law]].
This is why a public [[prosecution]] of a person whose surname is Smith would be referred to in writing as "R v Smith" (or alternatively as "Regina v Smith" or "Rex v Smith" depending on the sex of the Sovereign, ''Regina'' and ''Rex'' being Latin for "Queen" and "King" and in either case may informally be pronounced as such) and when cited orally in court would be pronounced "the Crown against Smith".<ref>{{cite web |url=http://www.soas.ac.uk/library/subjects/law/research/file70250.pdf |archive-url=https://wayback.archive-it.org/all/20171010111829/http://www.soas.ac.uk/library/subjects/law/research/file70250.pdf |url-status=dead |archive-date=October 10, 2017 |title=Understanding UK Case Law |website=Soas.ac.uk |access-date=2016-01-21 }}</ref>

All proceedings on indictment must be brought before the [[Crown Court]].<ref>{{cite web|url=http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1981/cukpga_19810054_en_6#pt2-ch3-l1g52 |title=Senior Courts Act 1981 |website=Opsi.gov.uk |access-date=2016-01-21}}</ref> By virtue of practice directions issued under section 75(1) of the [[Senior Courts Act 1981]], an indictment must be tried by a [[High Court judge (England and Wales)|High Court judge]], a [[Circuit judge (UK)|circuit judge]] or a [[recorder (judge)|recorder]] (which of these depends on the offence).

As to the form of an indictment, see the [[Indictments Act 1915]] and the [[Indictment Rules 1971]] made thereunder.

The Indictment Rules 1971 were revoked by the Criminal Procedure (Amendment) Rules 2007<ref>{{cite web|url=http://www.legislation.gov.uk/uksi/2007/699/article/3/made |title=The Criminal Procedure (Amendment) Rules 2007 |website=Legislation.gov.uk |date=2014-01-06 |access-date=2016-01-21}}</ref> (on the whole) incorporated into the Criminal Procedure Rules 2010.<ref>{{cite web|url=http://www.justice.gov.uk/courts/procedure-rules/criminal/rulesmenu |title=Rules and Practice Directions |website=Justice.gov.uk |date=2015-10-20 |access-date=2016-01-21}}</ref> The form and content and the service of an indictment are governed by Rule 14 of the CPR 2012.<ref>{{cite web|url=http://www.legislation.gov.uk/uksi/2012/1726/part/14/made |title=The Criminal Procedure Rules 2012 |website=Legislation.gov.uk |date=2015-08-03 |access-date=2016-01-21}}</ref> Additional guidance is contained in the Consolidated Criminal Practice Direction Part IV.34.<ref>{{cite web |url=http://www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/part4#id6328219 |title=Part IV: Further Practice Directions Applying in The Crown Court – Criminal Procedure Rules |website=Justice.gov.uk |access-date=2016-01-21 |archive-date=2016-01-15 |archive-url=https://web.archive.org/web/20160115025628/http://www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/part4#id6328219 |url-status=dead }}</ref>

As to the preferring of a bill of indictment and the signing of an indictment, see section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 and the Indictments (Procedure) Rules 1971 (S.I. 1971/2084) made thereunder, as amended and modified by the Indictments (Procedure) (Amendment) Rules 1983 (S.I. 1983/284), the Indictments (Procedure) (Amendment) Rules 1988 (S.I. 1988/1783), the Indictments (Procedure) (Amendment) Rules 1992 (S.I. 1992/284), the Indictments (Procedure) (Amendment) Rules 1997 (S.I. 1997/711), the Indictments (Procedure) (Modification) Rules 1998 (S.I. 1998/3045) and the Indictments (Procedure) (Amendment) Rules 2000 (S.I. 2000/3360).

=== Northern Ireland ===
See the Indictments Act (Northern Ireland) 1945.<ref>{{cite web|url=http://www.legislation.gov.uk/apni/1945/16/contents |title=Indictments Act (Northern Ireland) 1945 |website=Legislation.gov.uk |date=2011-05-26 |access-date=2016-01-21}}</ref><ref>{{cite web|url=https://felonyfriendlyjobs.org/can-a-felon-vote/ |title=Can A Felon Vote in Northern Ireland |website=felony |date=2019-05-26 |access-date=2019-01-21}}</ref>

=== Scotland ===
In Scotland, all of these cases brought in the [[High Court of Justiciary]] are brought in the name of the [[Lord Advocate]] and will be tried on indictment. In a [[sheriff court]] where trials proceed using the [[solemn proceedings]] they will also be tried on indictment and are brought in the name of the [[Lord Advocate]]. All solemn indictments are designed in the manner Her (or His) Majesty’s Advocate v Smith, or, more frequently HMA v Smith.

== United States ==
The [[Fifth Amendment to the Constitution of the United States|Fifth Amendment]] of the [[Constitution of the United States|United States Constitution]] states in part: "No person shall be held to answer for a [[Capital punishment in the United States#Capital crimes|capital]], or otherwise infamous crime, unless on a presentment or indictment of a [[Grand juries in the United States|Grand Jury]], except in cases arising in the land or naval forces, or in the Militia when in actual service in time of War or public danger." The requirement of an indictment has not been [[incorporation of the Bill of Rights|incorporated]] against the states; therefore, even though the federal government uses grand juries and indictments, not all states do.<ref>{{cite court |litigants= [[Hurtado v. California]] |vol= 110 |reporter= U.S. |opinion= 516 |date=1884 |url=https://supreme.justia.com/cases/federal/us/110/516/case.html }}</ref> As of 2019, all states besides Pennsylvania and Connecticut still use grand juries to indict suspects for some offenses.<ref>{{Cite web |date=2019-03-21 |title=Which States Use Criminal Grand Juries? |url=https://www.findlaw.com/legalblogs/criminal-defense/which-states-use-criminal-grand-juries/ |access-date=2023-03-17 |website=FindLaw |language=en}}</ref>

In many jurisdictions that use grand juries, prosecutors often have a choice between seeking an indictment from a [[grand jury]] and filing a charging document directly with the court.<ref name=":0">{{Cite book |last=Dressler |first=Joshua |url=https://www.worldcat.org/oclc/1163600897 |title=Criminal procedure: principles, policies, and perspectives |date=2020 |others=George C. Thomas, Daniel S. Medwed |isbn=978-1-64242-236-8 |edition=7 |location=St. Paul, MN |pages=857-900, 1097-1101 |oclc=1163600897}}</ref> Such a document is usually called an ''[[Information (formal criminal charge)|information]]'', ''accusation'', or ''complaint'', to distinguish it from a grand-jury indictment. To protect the suspect's [[due process]] rights in felony cases (where the suspect's interest in liberty is at stake), there is usually a [[preliminary hearing]], at which a judge determines whether there was probable cause to arrest the suspect who is in custody. If the judge finds such probable cause, they bind, or hold over, the suspect for trial.<ref name=":0" />

The substance of an indictment or other charging instrument is usually the same, regardless of the jurisdiction: it consists of a short and plain statement of where, when, and how the defendant allegedly committed the offense. Each offense is usually set out in a separate ''count''. Indictments for complex crimes, particularly those involving [[conspiracy (criminal)|conspiracy]] or numerous counts, may run to hundreds of pages. In other cases, however, an indictment for a crime as serious as [[murder]] may consist of a single sheet of paper.

Indictable offenses are tried by [[jury]], unless the accused waives the right to a jury trial. Even though the [[Sixth Amendment to the United States Constitution|Sixth Amendment]] of the Constitution mandates the right to a jury trial in any criminal prosecution, the vast majority of criminal cases in the US are resolved by the [[Plea bargain|plea-bargaining]] process.<ref name=":0" />

==Types==
A sealed indictment stays non-public, for various reasons, until it is unsealed (for example, once the indicted is arrested or notified by police).<ref>{{cite web|url=https://definitions.uslegal.com/s/sealed-indictment/|title=USLegal – Legal Help|access-date=2017-07-19}}</ref> A superseding indictment takes the place of the previously active one. A [[speaking indictment]] goes beyond the legally required statement of the elements of the charged crime(s) and also includes a narrative of the alleged underlying acts in more detail.

== See also ==
*{{annotated link|Arraignment}}
*{{annotated link|Complaint}}
*{{annotated link|Criminal charge}}
*{{annotated link|Duplicity (law)}}
*{{annotated link|Preliminary hearing}}

== References ==
{{Reflist|30em}}

== External links ==
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*{{Curlie|Society/Issues/Crime_and_Justice/|Crime and Justice}}
{{Criminal procedure}}
{{Jury}}

{{Authority control}}

[[Category:Criminal law]]
[[Category:Prosecution]]

Indictment - Revision history

Ajay Kumar at 07:48, 12 August 2023