The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
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
Part 10 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR), supplemented by The Criminal Practice Directions (as amended)
For 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.
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 practice, this is done by preparing a schedule of charges drafted in the form of counts suitable for inclusion in an indictment (draft indictment or draft bill of indictment).
Draft indictments may be created by the electronic conversion of the statement of criminal charges sent by a
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Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
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