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Short title: Microsoft Word - Mangione Indictment - FINAL as filed; Author: kaplanz: Software used: PScript5.dll Version 5.2.2: File change date and time
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.
An indictment (/ ɪ n ˈ d aɪ t m ən t / [1] in-DYTE-mənt) is a formal accusation that a person has committed a crime.In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offence, an offence that requires an indictment.
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.
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).
When an enactment in the United Kingdom creates an offence, it generally specifies what penalties apply on summary conviction or on conviction on indictment.In relation to England and Wales, the first expression refers to a trial in a magistrates' court without a jury before a district judge or a panel of magistrates, while the latter refers to a trial in the Crown Court by jury.
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The application of the last-named remedy is restricted by many statutes. The court of appeal has jurisdiction to review judgments and orders of the High Court dealing with appeals, &c., from the decisions of justices in the exercise of their civil jurisdiction; but not when the subject-matter is a criminal cause or matter.