indictment

Information about indictment

Criminal procedure
Investigating and charging crimes
Criminal investigation
Arrest warrant  · Search warrant
Probable cause  · Knock-and-announce
Exigent circumstance
Search and seizure  · Arrest
Right to silence  · Miranda warning (U.S.)
Grand jury
Criminal prosecution
Statute of limitations  · Nolle prosequi
Bill of attainder  · Ex post facto law
Criminal jurisdiction  · Extradition
Habeas corpus  · Bail
Inquisitorial system  · Adversarial system
Charges and pleas
Arraignment  · Indictment
Plea  · Peremptory plea
Nolo contendere (U.S.)  · Plea bargain
Presentence Investigation
Related areas of law
Criminal law  · Evidence
Civil procedure
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In the common law legal system, an indictment (IPA: /ɨnˈdaɪtmənt/) is a formal accusation of having committed a criminal offense. In those jurisdictions which retain the concept of a felony, the serious criminal offense would be a felony; those jurisdictions which have abolished the concept of a felony often substitute instead the concept of an indictable offence, i.e. an offence which requires an indictment.

Traditionally an indictment was handed up by a grand jury, which returned a "true bill" if it found cause to make the charge, or "no bill" if it did not find cause. Most common law jurisdictions (except for much of the United States) have abolished grand juries.

In Australia

In Australia, an indictment is issued by a government official (the Attorney-General, the Director of Public Prosecutions, or one of their subordinates). A magistrate then holds a committal hearing, which decides whether the evidence is serious enough to commit the person to trial.

In England and Wales

In England and Wales (except in private prosecutions by individuals) an indictment is issued by the public prosecutor (in most cases this will be the Crown Prosecution Service on behalf of the Crown, i.e. the monarch, presently Queen Elizabeth II--who is nominally the plaintiff in all public prosecutions under English law. This is why a public prosecution of a man called Mr. Smith would be referred to as "R v Smith" (short for "Regina against Smith", Regina being Latin for Queen), and is therefore why the Monarch cannot be brought before a court as a defendant (as (s)he would have to defend against themself). This 'exemption' does not apply to other members of the Royal Family.

In the United States

In many (though not all) U.S. jurisdictions retaining the grand jury, prosecutors often have a choice between seeking an indictment from a grand jury, or filing a charging document directly with the court. Such a document is usually called an 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 where a judge determines if there is probable cause that the charged crime was committed by the suspect in custody. If the judge finds such probable cause, he or she will bind or hold over the suspect for trial.

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 the time, place and manner in which the defendant is alleged to have committed the offense. Each offense is usually set out in a separate count. Some indictments for complex crimes, particularly those involving conspiracy or numerous counts, can run to hundreds of pages, but many indictments, even for crimes as serious as murder, consist of a single sheet of paper.

Indictable offenses are normally tried by jury, unless the accused waives the right to a jury trial. In common law systems, the accused is not normally entitled to a jury trial if the offense charged does not require an indictment; the main exception here is again the U.S., where the Sixth Amendment mandates the right of having a jury trial for any criminal offense punishable by imprisonment for more than six months. Notwithstanding the existence of the right to jury trial, the vast majority of criminal cases in the U.S. are resolved by the plea bargaining process.

Sealed Indictment

An indictment can be sealed so that it stays non-public until it is unsealed. This can be done for a number of reasons. It may be unsealed, for example, once the named person is arrested or has been notified by police.

See also

Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.

Differences between civil law and common law systems


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arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.

Arrest warrants in the United States

Warrants are typically issued by courts but can also be issued by one of the chambers of the United States
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A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense and seize the evidence.
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In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. It is also used to refer to the standard to which a grand jury believes that a crime has been committed.
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Knock-and-announce, in United States law of criminal procedure, is an ancient common-law principle which requires law enforcement officers to announce their
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An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if they have a "knock and announce" warrant, without knocking and waiting for refusal under certain circumstances.
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Search and seizure is a legal procedure used in many common law countries whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.
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An arrest is the action of the police, or person acting under the law, to take a person into custody, usually so that they may be forthcoming to answer
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The right to silence is a legal protection given to people undergoing police interrogation or trial. The law is recognized, explicitly or by convention, in many of the world's legal systems.
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In the United States, the Miranda warning is a warning given by police to criminal suspects in police custody, or in a custodial situation, before they are asked questions relating to the commission of a crime.
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In the American common law legal system, a grand jury is a type of jury which determines if there is enough evidence for a trial. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes
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Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.

Differences between civil law and common law systems


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A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated.
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Nolle prosequi is a Latin legal phrase meaning "to be unwilling to follow through" or, more simply, "unwilling to pursue." It is the term used in many common law criminal jurisdictions to describe a prosecutor's application to discontinue criminal charges before trial, or
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A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial.
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ex post facto law (from the Latin for "from something done afterward") or retrospective law, is a law that retrospectively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law.
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Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime.
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Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. Between nation states, extradition is regulated by treaties.
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In common law countries, habeas corpus (/ˈheɪbiəs ˈkɔɹpəs/) (Latin: [We command] that you have the body) [1]
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bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and be guilty of the crime of failure to appear).
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inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties.
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The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of each advocate representing his or her party's positions and involves a neutral person, usually the judge, trying to
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Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. In response to arraignment, the accused is expected to enter a plea.
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In legal terminology, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea
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In the common law, the peremptory pleas (pleas in bar), are pleas that set out special reasons for which a trial cannot go ahead. They are the plea of autrefois convict, the plea of autrefois acquit, and the plea of pardon.
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Nolo contendere, in criminal trials, in some common law jurisdictions, is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty.
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A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant.
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A presentence investigation report (PSI) is a legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal
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Criminal law
Part of the common law series
Elements of crimes
Actus reus  · Causation  · Concurrence
Mens rea  · Intention (general)
Intention in English law  · Recklessness
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