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Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
Full glossary
Legal term
Criminal Law

Indictment

A formal written accusation of a crime, used to bring a case to trial in the Crown Court. An offence 'triable only on indictment' — an 'indictable only' offence — is a serious offence that can only be tried by a judge and jury.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

At the first Crown Court hearing, the indictment is the actual document read out to the defendant: 'the court clerk will read out the list of offences the defendant has been charged with (the indictment) and asks the defendant to plead guilty or not guilty.' It is that reading-out and plea that constitutes arraignment.

Which offences reach the Crown Court by indictment at all depends on how serious they are. CPS guidance explains that 'The most serious offences such as rape or murder can only be tried in the Crown Court. These are called 'indictable only' offences', and separate guidance on allocation and sending confirms the administrative mechanism for getting them there: 'a defendant charged with an offence triable only on indictment should be sent forthwith to the Crown Court.' Less serious 'either way' offences may also end up being tried on indictment if the case is allocated to the Crown Court.

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Official sources

This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.