Indictment

What Exactly is an Indictment?

An indictment is like a formal accusation that a person has committed a crime, but what does this really mean in different legal systems around the world? Let’s dive into the intricacies and explore how it works in various jurisdictions.

Australia: A Right to Trial by Jury

In Australia, section 80 of the Constitution ensures that trials on indictment are conducted by a jury. However, the Parliament has the authority to define which offenses will proceed through this process. This means that not all crimes require a jury trial; it’s up to lawmakers to decide what constitutes a serious enough offense for such treatment.

Canada: Direct Indictment and the Jordan Decision

In Canada, direct indictment is a rare procedure used when cases can go straight to trial without needing a preliminary inquiry. This method was made even rarer after the Jordan decision, which aimed to reduce delays in the justice system. The use of direct indictments is primarily reserved for serious crimes where expediency is crucial.

United Kingdom: Issued by the Crown Prosecution Service

In the UK, an indictment is issued on behalf of the Crown by the Crown Prosecution Service (CPS). These proceedings are brought before the Crown Court. The process involves a formal document that outlines the charges against the accused and sets the stage for a trial.

Northern Ireland: Specific Legislation

For Northern Ireland, there’s specific legislation in place—the Indictments Act (Northern Ireland) 1945. This act provides the framework for how indictments are handled in this region, ensuring consistency and adherence to legal procedures.

Scotland: Trials on Indictment

In Scotland, all cases brought before the High Court of Justiciary are tried on indictment. These trials are conducted in the name of the Lord Advocate, who represents the Crown. Similarly, in sheriff courts, solemn proceedings (which include indictments) are also tried by a jury.

United States: The Fifth Amendment and Grand Juries

In the United States, the Fifth Amendment guarantees that no person can be held for a capital or infamous crime unless on a presentment or indictment of a grand jury. While this requirement has not been applied to states, most still use grand juries to indict suspects for some offenses. Prosecutors have the choice between seeking an indictment from a grand jury and filing a charging document directly with the court.

Types of Indictments

There are several types of indictments that you should be aware of:

• Sealed Indictment: This stays non-public until unsealed, ensuring privacy and preventing the accused from knowing the charges before trial.
• Superseding Indictment: This takes the place of a previously active one, often used when new evidence or information is discovered during the investigation.
• Speaking Indictment: Beyond the legally required statement, this includes a narrative of the alleged underlying acts, providing more detail to the accused and the court.

Understanding these different types can help you grasp how an indictment works in practice. Whether it’s a sealed document or a detailed speaking indictment, each type serves its unique purpose in ensuring justice is served.

Indictments are a critical part of the legal process, serving as the backbone for serious criminal cases. From Australia’s jury trials to Scotland’s solemn proceedings, each jurisdiction has its own unique approach to handling indictments. Understanding these processes can help you navigate the complexities of the justice system and ensure that justice is served fairly.