Indictment meaning

The Investigatory Powers Act 2016 (IPA 2016) revamped the legal regime regulating covert surveillance by public authorities. IPA 2016 superseded large parts of the framework previously, though not solely, contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000). See Practice Note: The regulation of intelligence gathering—an introductory guide. This note outlines the offences introduced by IPA 2016. For details of general sentencing limits in a magistrates’ court, see Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction... Section Offence Statutory defence Maximum sentence IPA 2016, s 3 — Unlawful interception: a person, by conduct in the UK, deliberately intercepts a communication during its transmission without lawful authority. Defence: where the individual has the right to control the operation or use of the system, or had that person’s express or implied consent to carry out the interception. Maximum sentence: on summary conviction, a fine; on indictment, up to two years’ imprisonment and/or a...

A deferred prosecution agreement (DPA) A DPA is a negotiated agreement between an organisation and a designated prosecutor, allowing the latter to defer a prosecution by staying an indictment on set conditions. Whilst the DPA remains in force, no proceedings relating to the covered matters may be brought against the organisation. Consequently, a company can continue operating without a protracted criminal investigation or an expensive prosecution hanging over it. For detailed information on DPAs, see the Practice Notes below: Deferred prosecution agreements DPA process Terms and content of a DPA DPAs in practice DPAs are only available to organisations for the offences specified in the Crime and Courts Act 2013, Schedule 17 (CCA 2013). The checklist below lists the offences for which a DPA may be entered into, covering both common law and statutory offences. In addition, any offence that is ancillary to those offences is eligible for disposal by a DPA. Ancillary offences include aiding and abetting, or...

Checklist This Checklist outlines key factors to weigh when deciding if a summary hearing or a trial on indictment is ultimately likely to better serve a client accused of an either way offence before the criminal courts of England and Wales...

R v Hayes; R v Palombo [2025] UKSC 29 What are the practical implications of this case? The judgment is poised to have significant consequences for the safety of convictions of other traders found guilty of comparable offences said to stem from alleged LIBOR/EURIBOR benchmark manipulation; nonetheless, it is improbable that the same problems will recur in forthcoming cases, and all LIBOR settings ended in 2024 (though EURIBOR remains in operation). It also offers several helpful reminders for criminal practitioners: Criminal trials must preserve a clear line between issues of fact and issues of law; questions of honesty or sincerely held belief are matters of fact for the jury to determine. The judgment criticises aspects of the indictments and stresses that prosecutors must supply sufficient particulars so that both the defence and the trial judge can grasp, clearly and precisely, the nature of the prosecution case (paras [52–64]). The demand for clarity in an indictment is especially acute where conspiracy to defraud is charged,...

How does the jury system work in our country? The earliest recorded use of the jury trial in England can be traced as far back as 1220. Even so, for most people across society, jury trial did not become commonplace until the 18th century. Being judged by a jury of one’s peers for serious offences is widely regarded as a fundamental and enduring element and safeguard of the adversarial system in England and Wales today. Juries sit on the gravest crimes that are triable only on indictment (e.g. murder, rape, terrorism, etc.), and they are also available for ‘either way’ offences where a defendant may choose a jury trial instead (e.g. possession of a bladed article, theft, possession of drugs). In England and Wales, anyone on the electoral roll who is ordinarily resident in the UK and aged over 18 but under 76 can be summoned for jury service, as set out expressly in section 1 of the Juries Act 1974 (JA 1974)...

On 1 December 2025, the Office of the Attorney General of Switzerland announced it had lodged charges against Credit Suisse and two UBS subsidiaries—UBS SA and UBS Group SA—linked to the transaction. The transfer was reportedly executed by Credit Suisse, which was taken over by UBS in 2023. The attorney general’s office stated that UBS is accountable for Credit Suisse’s alleged failure to properly scrutinise money laundering risks and for not reporting the purportedly suspicious transfer until 2019. According to the indictment, the related money‑laundering inquiry was handled without due care, and the bank delayed submitting a suspicious activity report to the Money Laundering Reporting Office Switzerland—the nation’s central office for anti‑money laundering (AML) reporting—the attorney general said...

The old law and the new law of rape This Practice Note refers to both the former and the current law on rape. The earlier regime is split into three eras, determined by the date the offence occurred: 1 January 1957 to 21 December 1976: governed by section 1 of the Sexual Offences Act 1956 (SOA 1956), later amended by the Sexual Offences Act 1967 in relation to homosexual acts 22 December 1976 to 2 November 1994: covered by section 1 of the Sexual Offences (Amendment) Act 1976 (SO(A)A 1976) 3 November 1994 to 30 April 2004: subject to SOA 1956, section 1, as modified by the Criminal Justice and Public Order Act 1994 (CJPOA 1994) The new framework applies from 1 May 2004 onwards, capturing offences under section 1 of the Sexual Offences Act 2003 (SOA 2003). Despite this, the previous law can remain pertinent where allegations are historical...

ARCHIVED: This archived Practice Note offers background on the alterations to criminal procedure that took effect on 6 October 2014 under the Criminal Procedure Rules 2014, SI 2014/1610. Those provisions have since been revoked. The present rules on criminal procedure are set out in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note reflects the law as at 6 October 2014 and is not maintained. It is provided for background purposes only. What is changing in the Criminal Procedure Rules? The consolidated Criminal Procedure Rules 2014, SI 2014/1610 (Crim PR 2014), together with updated Criminal Practice Directions, commence on Monday 6 October 2014. This Practice Note summarises those amendments and, where appropriate, links to our newly created and revised materials. The most substantial amendments are covered in the Practice Notes cited below. Content across the Corporate Crime practice area has been generally revised to reflect any adjustments arising from Crim PR 2014. Appeal to the High...

in judicial proceedings Perjury is an indictable-only offence, attracting a maximum of seven years’ imprisonment and/or a fine. The constituent parts of this offence are set out as follows: being a witness or an interpreter who has been duly sworn in judicial proceedings wilfully making a material statement that is false, and knowing it is untrue or not believing it to be true Assisting, encouraging or procuring perjury contrary to section 1 of the Act 1911 (PeA 1911) is likewise an indictable offence and also carries the same ceiling penalty. Where the principal wrongdoing amounts to a lesser offence triable either way, the maximum sentence available on indictment is two years’ custody and/or a fine; if dealt with summarily, the court may impose an unlimited fine and/or a custodial term not exceeding the general limit in a magistrates’ court (or both). See Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following...

What is the waste duty of care? Under section 34(1) of the Environmental Protection Act 1990 (EPA 1990), businesses are required to handle controlled waste safely and dispose of it lawfully. This obligation is called the waste duty of care. Controlled waste covers household, industrial and commercial waste, and anything of that kind. In brief, the duty means waste holders must: ensure their waste goes to a suitably permitted facility ensure anyone managing their waste complies with permit conditions prevent the escape of waste transfer waste only to a registered carrier or authorised permit holder provide a written description of the waste when it is transferred Failure to meet these duties is an offence under EPA 1990, s 34(6), and is punishable: on summary conviction, by a fine not exceeding the statutory maximum on conviction on indictment, by a fine Who does the waste duty of care apply to?...