Editing Indictment (section)

=== England and Wales ===
In [[England and Wales]] (except in [[private prosecution]]s by individuals) an indictment is issued by the public prosecutor (in most cases this will be the [[Crown Prosecution Service]]) on behalf of the [[The Crown|Crown]], which is the nominal [[plaintiff]] in all public prosecutions under [[English law]].
This is why a public [[prosecution]] of a person whose surname is Smith would be referred to in writing as "R v Smith" (or alternatively as "Regina v Smith" or "Rex v Smith" depending on the sex of the Sovereign; ''Regina'' and ''Rex'' being Latin for "Queen" and "King" respectively and in either case may informally be pronounced as such) and when cited orally in court would be pronounced "the Crown against Smith".<ref>{{cite web |url=http://www.soas.ac.uk/library/subjects/law/research/file70250.pdf |archive-url=https://wayback.archive-it.org/all/20171010111829/http://www.soas.ac.uk/library/subjects/law/research/file70250.pdf |url-status=dead |archive-date=October 10, 2017 |title=Understanding UK Case Law |website=Soas.ac.uk |access-date=2016-01-21 }}</ref>

All proceedings on indictment must be brought before the [[Crown Court]].<ref>{{cite web|url=http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1981/cukpga_19810054_en_6#pt2-ch3-l1g52 |title=Senior Courts Act 1981 |website=Opsi.gov.uk |access-date=2016-01-21}}</ref> By virtue of practice directions issued under section 75(1) of the [[Senior Courts Act 1981]], an indictment must be tried by a [[High Court judge (England and Wales)|High Court judge]], a [[Circuit judge (UK)|circuit judge]] or a [[recorder (judge)|recorder]] (which of these depends on the offence).

As to the form of an indictment, see the [[Indictments Act 1915]] and the [[Indictment Rules 1971]] made thereunder.

The Indictment Rules 1971 were revoked by the Criminal Procedure (Amendment) Rules 2007<ref>{{cite web|url=http://www.legislation.gov.uk/uksi/2007/699/article/3/made |title=The Criminal Procedure (Amendment) Rules 2007 |website=Legislation.gov.uk |date=2014-01-06 |access-date=2016-01-21}}</ref> (on the whole) incorporated into the Criminal Procedure Rules 2010.<ref>{{cite web |url=http://www.justice.gov.uk/courts/procedure-rules/criminal/rulesmenu |title=Rules and Practice Directions |website=Justice.gov.uk |date=2015-10-20 |access-date=2016-01-21 |archive-date=2015-04-29 |archive-url=https://web.archive.org/web/20150429064342/http://www.justice.gov.uk/courts/procedure-rules/criminal/rulesmenu |url-status=dead }}</ref> The form and content and the service of an indictment are governed by Rule 14 of the CPR 2012.<ref>{{cite web|url=http://www.legislation.gov.uk/uksi/2012/1726/part/14/made |title=The Criminal Procedure Rules 2012 |website=Legislation.gov.uk |date=2015-08-03 |access-date=2016-01-21}}</ref> Additional guidance is contained in the Consolidated Criminal Practice Direction Part IV.34.<ref>{{cite web |url=http://www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/part4#id6328219 |title=Part IV: Further Practice Directions Applying in The Crown Court – Criminal Procedure Rules |website=Justice.gov.uk |access-date=2016-01-21 |archive-date=2016-01-15 |archive-url=https://web.archive.org/web/20160115025628/http://www.justice.gov.uk/courts/procedure-rules/criminal/practice-direction/part4#id6328219 |url-status=dead }}</ref>

As to the preferring of a bill of indictment and the signing of an indictment, see section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 and the Indictments (Procedure) Rules 1971 (S.I. 1971/2084) made thereunder, as amended and modified by the Indictments (Procedure) (Amendment) Rules 1983 (S.I. 1983/284), the Indictments (Procedure) (Amendment) Rules 1988 (S.I. 1988/1783), the Indictments (Procedure) (Amendment) Rules 1992 (S.I. 1992/284), the Indictments (Procedure) (Amendment) Rules 1997 (S.I. 1997/711), the Indictments (Procedure) (Modification) Rules 1998 (S.I. 1998/3045) and the Indictments (Procedure) (Amendment) Rules 2000 (S.I. 2000/3360).