indictment - In the United States

A document specifying the particulars of an offence of which a person is accused. More than one offence may be involved; these are listed as separate ‘counts’ or ‘charges’ within the one document. Indictable offences in England and Wales are generally those triable before a judge and jury in the Crown Court, such as murder. In Scotland, such offences are tried in the High Court or the Sheriff Court with a jury, and are termed solemn proceedings. However, in some jurisdictions some less serious indictable offences, such as theft, may be tried on a summary basis in a lower court or without a jury. The Fifth Amendment to the US constitution guarantees the right to indictment by a Grand Jury for ‘capital or infamous crimes’; this applies only to federal cases, and many states have abolished Grand Juries, allowing prosecutors to proceed with ‘informations’ in felony cases, and ‘complaints’ in misdemeanours.

Criminal procedure
Investigating and charging crimes
Criminal investigation
Arrest warrant  · Search warrant
Probable cause  · Knock and announce
Exigent circumstance
Search and seizure  · Arrest
Right to silence  · Miranda warning (U.S.)
Grand jury
Criminal prosecution
Statute of limitations  · Nolle prosequi
Bill of attainder  · Ex post facto law
Criminal jurisdiction  · Extradition
Habeas corpus  · Bail
Inquisitorial system  · Adversarial system
Charges and pleas
Arraignment  · Indictment
Plea  · Peremptory plea
Nolo contendere (U.S.)  · Plea bargain
Related areas of law
Criminal defenses
Criminal law  · Evidence
Civil procedure
Portals: Law  · Criminal justice

In the common law legal system, an indictment (IPA: [/ɪnˈdaɪt.mənt/]) is a formal charge of having committed a most serious criminal offence.

Traditionally an indictment was handed up by a grand jury, which returned a "true bill" if it found cause to make the charge, or "no bill" if it did not find cause.

In the United States

In many (though not all) U.S. jurisdictions retaining the grand jury, prosecutors often have a choice between seeking an indictment from a grand jury, or filing a charging document directly with the court.

Indictable offences are normally tried by jury, unless the accused waives the right to a jury trial. In common law systems, the accused is not normally entitled to a jury trial if the offence charged does not require an indictment;