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Similar filings in federal court (including the complaint in U.S. v. Mangione, which has already been uploaded here) are in the public domain (in addition to being public records) because 17 U.S.C. 105 bans copyright in U.S. government works; again, this is a New York state government work, and does not fall under that exception. To my ...
The Indictments Act 1915 (5 & 6 Geo. 5.c. 90) is an Act of the Parliament of the United Kingdom that made significant changes to the law relating to indictments.The law relating to indictments evolved during the seventeenth and eighteenth centuries and became lengthy, confusing and highly technical to the point where some barristers specialised entirely in drawing up indictments.
If the preliminary inquiry judge rules that the Crown prosecutor has satisfied this standard, the Court commits the accused to stand trial. The Crown prosecutor then files an indictment, which is the formal charge to begin the trial, normally in the superior trial court. The indictment is based on the charges originally set out in the information.
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 [9] (on the whole) incorporated into the Criminal Procedure Rules 2010. [10] The form and content and the service of an indictment are governed by ...
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...
Where an indictment is obtained through means other than an information document, such as through grand jury proceedings or after an arrest when the defendant is first brought to court, the arraignment may be referred to as an "initial hearing", [9] or "preliminary arraignment", [10] which is different from a preliminary hearing. Those other ...
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In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).