Indictment Definition

GLOSSARY

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What does Indictment mean?

The indictment consists of the charge or charges preferred against the defendant by the prosecution once the case is begun.

Indictment is defined by the Indictments Act 1915, s 3 as 'a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge'. Ultimate responsibility for the drafting of the indictment, the charges therein and whether they are appropriate rests with the counsel for the prosecution (Newland [1988] QB 402, per Watkins LJ at p. 409). It must be served on an officer of the Court within 28 days of the accused is committed (or transferred) for trial. Once served, the power to cure any defects lies with the Indictments Act 1915, s 5(1) where the indictment appears defective, making such changes as are necessary to meet the circumstances of the case, unless, having regard to the merits of the case, the required amendments cannot be made without injustice.

Corporate Crime

The indictment consists of the charge or

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The indictment

The rules relating to the form of indictments and the procedure for their creation and adoption are contained in the following: •the Indictments Act 1915 (IA 1915)•section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (AJ(MP)A 1933), and•Parts 3, 10 and 25 of the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759For information on what an indictment must contain, its form, dealing with defects and amending indictments, see Practice Note: The indictment—content, form, defects and amendments.What is an indictment?An indictment is the formal document containing the list of charges against a defendant which is preferred (formally served) in the Crown Court. This is a different document to the written charge or information produced by the prosecution in order to commence the prosecution in the magistrates' court. See Practice Notes: Commencing criminal proceedings—applying for the issue of a summons and Commencing criminal proceedings—written charge and requisition or single justice procedure notice.The indictment is traditionally drafted by the prosecutor, eg the Crown Prosecution Service (CPS) or other prosecuting authority. In...

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