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Bill of indictment meaning
What does Bill of indictment mean?
In criminal practice, a bill of indictment is the prosecutor’s written statement of the offences (counts) on which an accused will be tried on indictment.
Across the UK and Ireland the document is now simply called an indictment; “bill of indictment” is largely historical, originating in the old grand jury process. In England and Wales, legislation still uses the phrase (for example, the Indictments Act 1915 and Criminal Procedure Rules, Part 10, on preferring a bill), but in practice the bill becomes the indictment once accepted and signed by the proper officer. A Crown Court trial (including in Northern Ireland) cannot begin without a valid indictment.
Key features include: identifying the defendant; setting out each count with a statement of offence and particulars disclosing an offence known to law; compliance with drafting and service requirements; the possibility of amendment with the court’s leave; and the risk of quashing if defective. Indictments are typically prepared by the prosecutor (e.g., CPS/DPP) following sending for trial.
Jurisdictional usage: England & Wales and Northern Ireland recognise the historical term but use indictment in practice. Scotland does not use “bill of indictment”; solemn proceedings proceed on an indictment served by the prosecutor. In Ireland, trials on indictment...
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View the related Practice Notes about Bill of indictment
PRACTICE NOTES
Courts and Tribunals Bill: England and Wales criminal court reforms—no election for jury trial, extended magistrates’ sentencing, permission to appeal, Crown Court Bench Division and judge‑alone fraud trials
The Courts and Tribunals Bill sets out sweeping changes to the criminal justice system in England and Wales, designed to cut backlogs and improve efficiency. For criminal practitioners, headline shifts include ending the option to elect a jury trial, widening the categories of cases that can be heard in the magistrates’ court, removing juries for certain either-way offences, overhauling how appeals to the Crown Court are made, and introducing judge-only trials for matters that are complex or lengthy. This Practice Note surveys the core proposals affecting the criminal justice system in England and Wales, considers how they may operate in practice, and clearly highlights potential benefits and drawbacks of the reform package across the jurisdiction as a whole today. Background The Courts and Tribunals Bill was brought forward amid what the UK government characterises as a criminal justice system ‘in crisis’, with a record queue of tens of thousands of unresolved Crown Court cases causing extended delays for victims, witnesses and defendants. To tackle these systemic pressures, the...
22 May
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PRACTICE NOTES
Voluntary Bills of Indictment (England and Wales): exceptional High Court route - grounds, procedure, defence responses, challenges and amendment under AJ(MP)A 1933 and CrimPR 2025
Trials in the Crown Court In England and Wales, Crown Court trials proceed ‘on indictment’, meaning any defendant ‘tried on indictment’ appears before a judge and jury in the Crown Court in England and Wales. An indictment is the formal charge sheet alleging that one or more individuals committed a particular indictable or either way offence, and, in general, prosecuting counsel generally bears the responsibility for making sure the indictment for a criminal trial is drafted correctly. The procedural rules governing how an indictment must be drawn are comprehensively set out in Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 10. For additional guidance, refer to the Practice Notes: The indictment and The indictment—content, form, defects and amendments. Only very rarely, and in limited circumstances, may the High Court direct that an indictment be served on the Crown Court; this procedure is termed a voluntary bill of indictment. Exceptionally, an indictment can be preferred (ie served on a Crown Court) on the direction or with the consent of...
22 May
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